November 23rd, 2009
 

365 Gay: News

Churches that staged protest wait for IRS response


(Milwaukee) Nearly seven months after defying a prohibition on endorsing candidates from the pulpit, 33 churches across the country are still waiting to learn whether the Internal Revenue Service will take action against them.

The goal of “Pulpit Freedom Sunday” was to trigger a legal fight and ultimately overturn regulations that prevent places of worship from supporting or opposing candidates for office. But a conservative legal group that organized the effort says the IRS has yet to notify the churches of any investigation.

Legal experts suggest a number of possibilities: The IRS has nothing to gain from a costly and mainly symbolic battle; it has limited resources; or it could still be deciding how to respond.

On Sept. 28, participating pastors urged worshippers to vote according to conservative views on abortion and gay marriage. Several endorsed Republican presidential candidate John McCain.

Under the IRS code, places of worship can distribute voter guides, run nonpartisan voter-registration drives and hold forums on issues, among other things. But they cannot endorse a candidate, nor can their political activity be biased for or against a candidate.

Churches that violate the rule can lose their tax-exempt status.

The protest was organized by the Phoenix-based Alliance Defense Fund and involved pastors in 22 states.

“The wheels of bureaucracy move slowly,” said Erik Stanley, the group’s senior legal counsel. “We’re prepared if they do come after these churches, and we’re also prepared if they do not.”

IRS spokesman Christopher Miller declined to comment, and the agency would not confirm or deny whether it is conducting an investigation. At the time of the protest, the IRS said it would “monitor the situation and take action as appropriate.”

ADF officials view the regulation as a violation of the pastors’ right to free speech. Some legal scholars counter that the government has every right to treat political and nonpolitical speech differently.

A number of the pastors said they hoped the IRS would respond immediately so the legal challenge could get under way.

Luke Emrich, pastor at New Life Church in West Bend, Wis., had urged about 100 congregants to support an anti-abortion platform by voting for McCain. He said he was disappointed the IRS had not responded.

“It would have been nice to have a direct conversation with the IRS,” he said. “I thought they would at least contact us, talk to us about the issues.”

Historically, the IRS has been shy to investigate political activity in churches. It has stepped up oversight in recent years after receiving a flurry of complaints from the 2004 campaign. The IRS reported issuing written advisories against 42 churches for improper politically activity that year.

It’s possible the IRS ignored the recent protest because it does not have an incentive to pursue the issue, said Robert Tuttle, a professor of law and religion at George Washington University.

“It would be expensive for them to fight, and it would give people all sorts of reasons to say the IRS is evil and irreligious,” Tuttle said. “It’s not like they’re going to recoup a lot of money. Their attitude is probably ‘why bother?’”

Or, it could be too early to say. When similar violations occurred during previous presidential elections, the IRS took two or three years to introduce litigation to strip a church of its tax-exempt status, said John Witte Jr., director of the Center for the Study of Law and Religion at Emory University.

“Even so, if the IRS wanted to pounce on this, I think it would have by now,” Witte said. Perhaps it did not consider an investigation a wise use of resources, he speculated, or maybe the agency is occupied with more pressing cases.

Stanley, the ADF’s attorney, said the organization will continue its protests as long as necessary, holding annual Pulpit Freedom Sundays every year ahead of federal, state or local elections. If the IRS does not take action against future protests, he said, pastors will learn the regulation can be safely ignored.

Polls suggest the campaign does not have wide support. An August survey from the Pew Forum on Religion and Public Life found that two-thirds of adults oppose political endorsements from churches and other places of worship. Another 52 percent wanted religious institutions out of politics altogether.

But those statistics did not dissuade Pastor Paul Blair, who took part in the initiative at Fairview Baptist Church in Edmond, Okla. He said the main point of the protest was to make a stand to protect religious freedom.

“I don’t let the federal government dictate to me what I can and cannot preach,” he said. “I answer to a higher power than the federal government.”


Login or Register to comment.

or Login with Facebook:

  • Rosie T. Said: April 26th, 2009 at 6:43 am
    • It’s not that they’re prohibited from endorsing candidates. It’s just that they can’t be tax-exempt if they do. Big difference. Either put up and shut up, or pay up and yap all you want.

  • Zauber Said: April 26th, 2009 at 12:04 am
    • If the Pastor has properly prepared his sheep, he should not have to say vote against this or for that. But if he does, his church should have their tax exempt status revoked as well as the people making the now non-deductable tithe to the church. But then again, he will just start a new named congregation with the tax once again exempted.

      If his sheep, excuse me, congregation, should happen to read about all the sins against humanity that Religion has caused (the Spanish Inquisition, for one), maybe they can take their heads out of their collective butts, and put their money to a better purpose.

  • Lee Said: April 25th, 2009 at 11:57 pm
    • These religious radical bigots scream 1st Ammendment rights when they speak, but ignore the ‘Separation of Church and State’,
      and also the ‘All Men Are Created Equal’ when spouting their hateful venom about gays & lesbians. TAX THOSE BASTARDS!!

  • John Said: April 25th, 2009 at 10:38 pm
    • The IRS should remove their tax free status and seize all their assets. Stop the religious mafia any way you can.

  • KaninZ Said: April 25th, 2009 at 7:50 pm
    • I grew up in a Southern Baptist family and remember very well the peer pressure that would be present in the congregation to vote for the “right” candidate.
      Churches in my experience have become so politicized that they are nothing but Political Action Commitees working for Theocracy in America.

  • Veronica Onassis Said: April 25th, 2009 at 2:58 pm
    • The sad thing about all this is that if it were LGBT organizations endorsing a candidate or promoting legislations I am sure they would loose the 501(c)(3) status right away. A new movement must be created by our community so we may petition that those churches be taxed.

      If they want to be politically active then they should pay taxes like the rest of us. Pastors do answer to a higher authority than the Federal Government. God is too far away in the heavens and planet Earth is closer. Therefore they must first abide by the law of man.

      Only then will they stop harassing our fight for equal rights.

  • Robert, NYC Said: April 25th, 2009 at 12:17 pm
    • You can bet the IRS will do NOTHING! They’ll come up with some lame excuse because they’re afraid of the cultists.

  • Robert, NYC Said: April 25th, 2009 at 12:15 pm
    • Why is it that a religious organization gets tax-exempt status in a society that is supposed to have separation of church and state, what’s that about? If we are supposed to have such a separation, then why should they be exempt and above the tax-laws? That’s not democracy and more about elitism. Religious cults always play the victim when anyone goes after them for legitimate reasons. When our gay tax dollars make up for their tax-exemption, they’d better understand there will be consequences next time they bleat that their right to free speech. To me, tax-exemption for any religious cult is a violation of and conflict with the separation of church and state. Why should they get a free hand? They’re businesses like any other and should be taxed accordingly. They get income from their supporters that they pay no tax on. I find that abominable and elitist. Its time we put a stop to it once and for all. Then and only then will they get a taste of what hate and discrimination is all about, they’ve been doling it out to us for millenia.

  • Thomas Said: April 25th, 2009 at 11:38 am
    • The faux government is the legacy of over 30 years of rightwing rule and is sadly entrenched. I agree the response of the IRS is, “why bother,” or else they would have already taken action on complaints five years old. This same faux federal government is what many gay rights leaders look to, hoping to achieve our freedom that way. It won’t work because even if they repeal DOMA and DADT it won’t be enforced. There is no change possible within the current American political system.

  • Michelle N Said: April 25th, 2009 at 11:16 am
    • Let’s be candid, The Catholics and LDS’, just to name two large organizations, are very active politically. When has Christianity not been involved in Politics in the Western World?

  • Kris Said: April 25th, 2009 at 10:08 am
    • They keep preaching that we are all evil, and don’t trust us. When or how long have they been telling their communities to hurt or kill us? It’ll happen, maybe not right now, but it will happen. Mark my words. As someone said earlier, they’re having their cake and eating it too. Sitting there with a mouth full of S&&T, grinning like they’ve won the lottery.

  • Fed Up Said: April 25th, 2009 at 9:33 am
    • Not only do I agree that the “churches” should lose their tax esempt status, but they should suffer heavy punitive damages for their actions. How DARE they venture into the world of politics using freedom of speech as a shield agaisnt being held accountable for taxes!

      TAX the H*LL out of the B@stards!

  • Peter-Nicholas Said: April 25th, 2009 at 9:07 am
    • Let’s hope the IRS and Fed.Govt. have a pair or two and do the right thing to uphold the Constitution and support this fight for separation of church and state.

  • Lythis d'Eloessian Said: April 25th, 2009 at 5:07 am
    • I wholeheartedly agree with comments left by several of the people before me, including Ronn. If a church, _any_ church, wants to participate in politics, it needs to pay taxes. If they want to keep the government out of their financial business (and pockets), then they need to stay out of government. Very simple, no? Apparently not.

  • Gafu Said: April 25th, 2009 at 3:02 am
    • They should be taxed for entering the political arena just to make an example out of them, nothing more to it.

 
Login

Register
Lost your password?


or Login with Facebook