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Published May. 11, 2008
Conservative legal advocates are recruiting pastors nationwide to defy an IRS ban on preaching about politicians, in a challenge they hope will abolish the restriction.
The Alliance Defense Fund, based in Scottsdale, Ariz., will ask the clergy to deliver a sermon about specific candidates Sept. 28. If the action triggers an IRS investigation, the legal group will sue to overturn the federal rules, which were enacted in 1954.
The ADF has been involved in a number of lawsuits against LGBT issues in various states.
Under the IRS code, churches can distribute voter guides, run voter registration drives, hold forums on public policy and invite politicians to speak at their congregations.
However, they cannot endorse a candidate, and their political activity cannot be biased for or against a candidate, directly or indirectly.
The Alliance Defense Fund said Friday that the regulations amount to an unconstitutional limit on free speech and government intrusion into religion.
"It certainly does have a chilling effect," said Mike Johnson, senior counsel for the fund. "I think that there is a lot of fear and intimidation and disinformation about the parameters that do exist."
Johnson said about 100 pastors have expressed interest in participating so far.
The IRS has stepped up monitoring of nonprofit political activity during the 2008 election. Punishments can range from a financial penalty to loss of tax-exempt status.
IRS investigations are confidential and the agency does not discuss the cases.
However, the United Church of Christ, which counts Sen. Barack Obama as a member, has said that it is under IRS review because of a speech given by the Democratic presidential candidate at the denomination's national meeting last year.
Americans United for Separation of Church and State, an advocacy group in Washington, monitors church political activity and consistently files complaints with the IRS. They said Friday that they will notify the agency of any pastor who participates in the ADF campaign.
Some religious groups support keeping politics out of the pulpit.
J. Brent Walker, executive director of the Baptist Joint Committee for Religious Liberty in Washington, which advocates for religious freedom, said churches should be involved in public issues, but partisan activity can "compromise the essential calling to spread the Gospel."
"The church can't raise prophetic fist at a candidate or at a party," Walker said, "when it's locked up in a tight bear hug with that candidate or party."
55 Comments
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No, what you don't get his the fact that congress is prohibited by the Constitution from interfering with the free exercise of religion. Taxation of their income is an unconstitutional interference and - mark my words - the Supreme Court will agree with me on this one.
GOLO member since July 17, 2007
May 13, 2008 2:59 p.m.
Churches are free at any time they choose to back out of this deal they made, and be as free as any other commercial enterprise to endorse candidates. To do so, they simply agree to be treated tax-wise like those other enterprises.
GOLO member since January 25, 2008
May 13, 2008 9:21 a.m.
Honestly, I don't. There are few issues I am more fervent about than the limitation of the encroachment of religion into a secular government. I view it as a plague that must be guarded against, lest it infect and kill the host.
Speaking as an individual? It wouldn't bother me in the least if we taxed churches into penury, seized their property for non-payment and ended the primacy of religion forever. Few things in this world have resulted in more rancor, division and enmity than religion, and getting rid of it altogether would be a great day for mankind, IMHO.
Speaking as a constitutional scholar? It would satisfy me if it is kept far on the other side of a bottomless divide from government.
GOLO member since September 6, 2007
May 13, 2008 8:11 a.m.
We don't propose to. As I've said, I'm in favor of removing the barriers to political involvement. That neatly addresses your argument concerning freedom of speech. By all means, knock yourself out.
Just pay your taxes, as empowered through the 16th.
GOLO member since September 6, 2007
May 13, 2008 7:52 a.m.
GOLO member since September 6, 2007
May 13, 2008 7:51 a.m.
We as a society limit free speech all the time for the public good. That said, as I proposed earlier, I'm a proponent of removing the limitations on political activity in churches in due respect to the 1st. The corollary to that position is that government, by favoring religious organizations for tax purposes is acting to establish religion by creating beneficial financial considerations, and that's a no-no.
GOLO member since September 6, 2007
May 13, 2008 7:48 a.m.
As I asked SOB - who are you (or the government) to decide HOW people worship? Many chruches see abortion as a deeply held religious issue. They should be allowed to endorse candidates who share those beliefs if they so chose.
FYI - I think even the Warren court would roundly disagree with your interpretation of the 1st Amendment allowing the supression of Churches. But, I guess if you believe that you can regulate people's spending without violating their first amendment rights, I guess this isn't that large a leap. Once you reach the level of acceptable totalitarianism a person can pretty much rationalize anything.
GOLO member since July 17, 2007
May 13, 2008 7:37 a.m.
Not as specific as the 1st.
GOLO member since July 17, 2007
May 13, 2008 7:30 a.m.
The 16th Amendment is pretty specific about that, friend.
"From WHATEVER source derived, without apportionment"
GOLO member since September 6, 2007
May 13, 2008 6:28 a.m.
Absolutely. Is it mandatory to have a church, or to belong to one, in order to be able to worship, or is it merely a facilitatory accessory of convenience? Were every single church in the country to be bulldozed (hypothetical) would you, as an individual, still be able in some way to exercise religion? Would it as a result have been prohibited (which is not allowed) or simply limited (which isn't specifically listed as a no-no.) Consider the literal definition of prohibit.
While we're at it, when in the course of history has discussing or endorsing a candidate ever remotely been the exercise of religion? It's the exercise of politics.
GOLO member since September 6, 2007
May 13, 2008 6:11 a.m.
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