100 pastors will bait the IRS with politicking from the pulpit next Sunday

[charlie]

And why not? The IRS won't do anything about it. They never do.

NASHVILLE — On Sunday, a group of 100 preachers nationwide will step into the pulpit and say the only words they're forbidden by law from speaking in a church.

They plan to use the pulpit as a platform for political endorsements, flouting a federal law that threatens churches with the loss of their nonprofit status if they stray too far into partisan politics.

While other church and nonprofit leaders cringe at the deliberate mix of the secular and the religious, participants in the annual Pulpit Freedom Sunday protest hope this act of deliberate lawbreaking will lead to a change in the law.

"For governor, I'm going to encourage people to vote for Bill Haslam," said David Shelley, pastor of Smith Springs Baptist Church here, one of seven Tennessee religious leaders who plan to take part in the pulpit protest. He also will throw his support behind a Republican congressional candidate and a Republican statehouse candidate and urge his congregation to skip the spot on the ballot where a Democratic state senator is running unopposed.
...

"We're not trying to get politics in the pulpit. We're trying to get (government) out of the pulpit," said Erik Stanley, spokesman for the Alliance Defense Fund, an Arizona-based nonprofit that maintains linking a church's nonprofit status to its nonpartisanship is an unconstitutional restriction on the free speech of the clergy.

"This is about a pastor's right of free speech," Stanley said...

http://www.usatoday.com/news/religion/2010-09-26-irs25_ST_N.htm

[closeupready]

1. "This is about a pastor's right of free speech" - fine, just not at taxpayer's expense.

They ALREADY have a right of free speech - they do NOT have a right to enjoy tax breaks in order to engage in politicking.

[Jim__]

2. Pulpit freedom is already available. Just drop your special tax status.

Pay like everyone else does and you can enjoy the same freedoms. If you want to hide from the costs, then you're going to be denied some benefits.

I hope the IRS kicks their ass on this.

[struggle4progress]

6. +++

[Politicub]

3. Quietly send them a tax bill. The IRS need not make a big deal out of it

And make the fuckers pay their taxes. And if they don't, let the law take its course.

(I'm not naive, I know that the right will make this a cause celebre -- but the law should be allowed to play itself out)

[cyr330]

4. What I want to know is

Why these motherfuckers get away with it? If I didn't pay my goddamn taxes, I'd be in jail. I don't see how they can just ignore our tax laws and just jaw away about electing some fucking fascist and get tax exempt status to do so! It's not that I'm resentful about paying taxes, I realize that I am lucky to have a job. What just galls me is that THEY pay no penalty and get away with absolutely campaigning for these people!! It's really disgusting.

[The Backlash Cometh]

12. I wonder how many people are ready to get up and walk out of the church?

[cyr330]

13. I'm not sure. . . .

But I can assure you that I wouldn't be in Church in the 1st place!!!

[TlalocW]

5. Funny how it's only conservative ministers who want to do this

eom

TlalocW

[skepticscott]

31. Well, not really

A liberal church in Califormia was warned about partisan politicking, as was the NAACP. Any claims that the (still lame) enforcement of this law has selectively targeted fundamentalist Xstian churches is pure baloney.

[kenfrequed]

7. Gee... I wonder

What their bloody damned political orientation is?

Damnable conservative pricks.

[liberal N proud]

8. We all should go to churches this Sunday and walk out if they talk politics

Yelling, that you are calling the IRS

[bluestateguy]

9. The IRS should make an example out of the worst offender they can find

Say whatever you wish from the pulpit, but the tax exemption is a privilege, not a right.

[skepticscott]

27. Well, they have

They brought the hammer down on Jerry Falwell. But there are many, many others who thumb their nose at the law.

[ZombieHorde]

10. This is why Blasphemy Day is so important.

People fear speaking out when religion is involved.

[The Backlash Cometh]

11. Do you think the FBI is ready to raid the church offices?

[snot]

14. Fine; then we can also get the gov't OUT of subsidizing religion via tax-exemptions etc.

There ARE NO restrictions on speech by churches. They just have to pay taxes if they want to support political candidates.

[Bitwit1234]

15. If their tax free status is not pulled then all the Democrats

should write letters to the IRS and tell them they are not paying taxes either. The IRS should be flooded with letters. Explaining if something is good for one group it is good for the other.

[customerserviceguy]

16. On the other hand

When religious leaders took on the civil rights situation in this country a generation or two ago, were they stripped of tax exemption?

I'm not too sure the law is constitutional. Obviously, the ministers who are willing to do this are also willing to take their chances with the SCOTUS as it is currently constituted.

[skepticscott]

19. The tax laws only prohibit

tax-exempt organizations from involvement in partisan politics (i.e. promoting or endorsing candidates for political office). There is no prohibition on churches or ministers taking stands on social issues or encouraging their members to do so.

And the law is 100% constitutional. No organization has a constitutional right to a tax exemption. It is granted under specific conditions, which are clearly spelled out, and accepted voluntarily. If an organization doesn't like the restrictions, they can forgo the tax break and endorse candidates to their heart's content. But these asshats want it both ways, and they count on the IRS not acting too precipitously (They generally give a warning to violators, and only bring the hammer down on the most flagrant repeat offenders). If they were ever so stupid to try to take this issue to the SC, they'd lose 9-0.

[customerserviceguy]

22. Well, I guess we're going to find out

Like I said, they surely have some support, I can't imagine Scalia, Roberts or Thomas going against them.

[skepticscott]

26. The only thing that Scalia hates more

than liberals and atheists (i.e. Protestants) is people who make up constitutional rights out of thin air. To decide in favor of the churches in this case, he would essentially have to find that a fundamental right to tax exempt status exists, and he will never do that. Roberts likewise is aware enough of his intellectual reputation that he'd never go that direction. Thomas is brain-dead, so it's hard to know what he might do, but I suspect that he'd vote however his buddy Scalia does. He certainly doesn't have the balls to be a maverick.

[customerserviceguy]

28. There's already a constitutional right to free speech

All Scalia has got to do is declare that this old, untested law violates it. I don't think he'll have much of a problem with that.

[skepticscott]

29. The law doesn't take away their right to free speech

It takes away their tax exemption, for which there is NOT a constitutional right. What part of that don't you get?

[customerserviceguy]

30. What other constitutional rights are surrendered

for a tax exemption? If you can find some examples that have withstood court challenges, then you have a point.

[skepticscott]

32. None

And it isn't even that the right to free speech has to be surrendered in order to get a tax exemption (to which the churches have no entitlement to in any case). The law that prohibits partisan politicking by organizations that have voluntarily accepted tax-exempt status (knowing the restrictions) is in place because otherwise, every political party and candidate could simply funnel their campaign finances through non-profit organizations (either existing ones or ones they set up) and do the whole thing tax free.

[customerserviceguy]

33. True

But that didn't seem to matter to the Supremes in the Citizens United case, either. In fact, that case tells me everything I need to know about why these pastors decided to pull this stunt now. They've never sensed a more favorable legal climate.

[Tesha]

20. It's funny how you so often stand up for the right (using bogus facts).

Based on the current understanding of the law (as determined
by various courts), one can use the pulpit to advocate *FOR
ISSUES* all one want. Call for an end to abortion. Call for an
end to discrimination against gays and women; it's all legal.

What one can expressly *NOT* due if one wants to maintain
their 501(c)3 status is advocate for specific political questions
such as elections and ballot referenda. Nor can one lobby a
legislative body with 501(c)3 funds.

And it's long overdue that some churches get their legal
asses kicked over this.

Tesha

[customerserviceguy]

23. Don't get me wrong

I'm all for abolishing all tax exemptions for churches, they're a business, just like any other. Well, not exactly like any other, taxable businesses offer real products and services, generally.

I was just wondering if any legal scholars here were familiar with the history of political issue advocacy and tax exemption, because the precedents set will be relied on in any Federal court cases.

[Tesha]

25. As I said, the law (as interpreted by the courts)...

...is already quite clear, but one needs IRS agents, local tax
authorities, prosecutors (and the like) who are willing to
take on the offending church. But everyone turns tail and
runs, rather differently than if, say, a liberal 501(c)3 were
to try the same stunt.

Tesha

[Curmudgeoness]

21. Generic "civil rights" advocacy is not exactly the same thing

as telling your congregation who to vote for. And let me tell you, they listen.

I see no reason that this law in unconstitutional. Actually, I think that the law that gives them "special privilege" by allowing them tax exemption in the first place may be what is unconstitutional. They do have "freedom of speech", but they don't have "freedom from taxes" in the Constitution.

I really do wish that the IRS would do it's job and remove the tax exemption from all of these churches. They are looking for a fight and it is time to give it to them.

[customerserviceguy]

24. On your last sentence

We agree completely.

[Deep13]

17. A pastor has a right to free speech...

...but not to tax-exempt income. Churches are not true charities. They are businesses that make money. By rights they should be paying state and Fed. income taxes and local property taxes. Want to worship tax free? Don't collect money for it.

[Froward69]

18. then pay some Damn taxes!

Politics from the pulpit is flat out WRONG!

[jemelanson]

34. 501 (c) 3 requirements

Exemption Requirements - Section 501(c)(3) Organizations


To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.

The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.

Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct. For a detailed discussion, see Political and Lobbying Activities. For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.

Additional Information

Application Process Step by Step: Questions and answers that will help an organization determine if it is eligible to apply for recognition of exemption from federal income taxation under IRC section 501(a) and, if so, how to proceed.

http://www.irs.gov/charities/charitable/article/0,,id=96099,00.html

[humblebum]

36. The real problem develops when the government attempts to

control what can be said from the pulpit or attempts to tax a religious entity, which certainly can be construed as violations of the principles of Separation of Church and State and the free exercise clause. In that respect religious organizations are different from other 501(c)(3) organizations. Both the government and churches are walking fine lines. Also, if churches are taxed, some would undoubtedly close, but for the most part, they would become incredibly much more powerful and influential.

[Evoman]

35. Heh....tax em, And do it retroactively,,,,how long have these churches been around?