As Exemptions Grow, Religion Outweighs Regulation

[and-justice-for-all]

I HOPE AFTER YOU READ THIS, IT PISSES YOU OFF!

"EXEMPTIONS AVAILABLE Federal law gives religious organizations unique ways to challenge government restrictions on how they use their land or buildings. In Boulder County, Colo., the Rocky Mountain Christian Church is using a new federal law to fight a county decision preventing it from expanding on land designated for open space"

At any moment, state inspectors can step uninvited into one of the three child care centers that Ethel White runs in Auburn, Ala., to make sure they meet state requirements intended to ensure that the children are safe. There must be continuing training for the staff. Her nurseries must have two sinks, one exclusively for food preparation. All cabinets must have safety locks. Medications for the children must be kept under lock and key, and refrigerated.

- The Rev. Ray Fuson of the Harvest Temple Church of God in Montgomery, Ala., does not have to worry about unannounced state inspections at the day care center his church runs. Alabama exempts church day care programs from state licensing requirements, which were tightened after almost a dozen children died in licensed and unlicensed day care centers in the state in two years.

The differences do not end there. As an employer, Ms. White must comply with the civil rights laws; if employees feel mistreated, they can take the center to court. Religious organizations, including Pastor Fuson’s, are protected by the courts from almost all lawsuits filed by their ministers or other religious staff members, no matter how unfairly those employees think they have been treated.

And if you are curious about how Ms. White’s nonprofit center uses its public grants and donations, read the financial statements she is required to file each year with the Internal Revenue Service. There are no I.R.S. reports from Harvest Temple. Federal law does not require churches to file them.

Far more than an hourlong stretch of highway separates these two busy, cheerful day care centers. Ms. White’s center operates in the world occupied by most American organizations. As a religious ministry, Pastor Fuson’s center does not.

In recent years, many politicians and commentators have cited what they consider a nationwide “war on religion” that exposes religious organizations to hostility and discrimination. But such organizations — from mainline Presbyterian and Methodist churches to mosques to synagogues to Hindu temples — enjoy an abundance of exemptions from regulations and taxes. And the number is multiplying rapidly.

Some of the exceptions have existed for much of the nation’s history, originally devised for Christian churches but expanded to other faiths as the nation has become more religiously diverse. But many have been granted in just the last 15 years — sometimes added to legislation, anonymously and with little attention, much as are the widely criticized “earmarks” benefiting other special interests.

An analysis by The New York Times of laws passed since 1989 shows that more than 200 special arrangements, protections or exemptions for religious groups or their adherents were tucked into Congressional legislation, covering topics ranging from pensions to immigration to land use. New breaks have also been provided by a host of pivotal court decisions at the state and federal level, and by numerous rule changes in almost every department and agency of the executive branch.

The special breaks amount to “a sort of religious affirmative action program,” said John Witte Jr., director of the Center for the Study of Law and Religion at the Emory University law school.

Professor Witte added: “Separation of church and state was certainly part of American law when many of today’s public opinion makers were in school. But separation of church and state is no longer the law of the land.”

The changes reflect, in part, the growing political influence of religious groups and the growing presence of conservatives in the courts and regulatory agencies. But these tax and regulatory breaks have been endorsed by politicians of both major political parties, by judges around the country, and at all levels of government.

“The religious community has a lot of pull, and senators are very deferential to this kind of legislation,” said Richard R. Hammar, the editor of Church Law & Tax Report and an accountant with law and divinity degrees from Harvard.

More...http://www.nytimes.com/2006/10/08/business/08religious.html?_r=1&hp&ex=1160366400&en=354628e21c97b341&ei=5094&partner=homepage&oref=slogin

[no_hypocrisy]

1. While one can't equate churches grabbing land with eminent domain,

it is troublesome on many levels, one of which is property being taken off the tax rolls. In Lynchburg, Jerry Falwell's church, college, etc. is the second largest employer in the City. The Thomas Road Baptist Church (Inc. IMO) keeps buying land, and taking making it tax exempt, leaving residents with rising property taxes to make up the deficit of revenue.

[and-justice-for-all]

4. I find that Churches are given WAY to much leaneancy,,,,

....ENOUGH!

[zbdent]

2. Seperation of church and state? Not with a couple who were caught

with 172 lbs of marijuana in their car ... presumably carting it off to their church - which regards m.j. as "divine" ... and therefore are claiming the law doesn't apply due to religious beliefs ... but of course, the "State" doesn't buy into it ...

[and-justice-for-all]

3. Good for the State for not 'buying' that line...nt