Prop 8 Lawyers Push To Remove IRS Rules Prohibiting Churches From Campaigning

The Alliance Defense Fund (ADF), the conservative Christian lawyers who are supporting Prop 8 in federal court, are beginning a push to force the IRS to end its regulations that prohibit churches and other religious institutions from campaigning. Currently, to retain a tax-exempt status, churches and religious leaders are not allowed in their official capacity to campaign for or against a specific candidate.

Unfortunately, this regulation is observed more and more infrequently, as exhibited recently in today’s NY-9 special election to fill the seat of former U.S. Rep. Anthony Weiner. A group of 40 orthodox rabbis issued a letter stating it was a violation of Jewish law to vote for the Democratic candidate, David Weprin, who had voted in favor of same-sex marriage earlier this year.

“Pastors and churches shouldn’t live in fear of being punished or penalized by the government,” said ADF Senior Legal Counsel Erik Stanley, according to an article in The Church Report. “Keeping the gospel central to what is preached is not in conflict with addressing the subject of political candidates when warranted. These results show that the desire to keep the gospel central does not mean that pastors want the IRS to regulate their sermons under the threat of revoking their church’s tax-exempt status.”

And if you don’t currently have an opinion on this, remember:

Every dollar not paid by churches or other religious organizations must be made up from some other source. When all tax exemptions are taken into account, it is estimated that the average family may pay up to $1,000 in extra taxes every year to make up for the lost revenue not received from churches and religious groups.

ADF recently teamed with LifeWay Research and just released the results of a survey conducted last month that unsurprisingly finds that 86% of pastors surveyed disagreed with this statement:

“The government should regulate sermons by revoking a church’s tax exemption if its pastor approves of or criticizes candidates based on the church’s moral beliefs or theology.”

The survey also finds that 79% of pastors strongly disagreed with the statement.

The Kansas City Star reports:

As pastors speak out on political matters, they’ve drawn admonitions from groups such as Americans United for Separation of Church and State, which warns that such activism could jeopardize their churches’ nonprofit status. But the religious leaders are bolstered by well-funded Christian legal organizations supporting their cause.

The most prominent – the Alliance Defense Fund, a group based in Scottsdale, Ariz., that spent $32 million in 2010 – is challenging a 1954 tax code amendment that prohibits pastors, as leaders of tax-exempt organizations, from supporting or opposing candidates from the pulpit. The fund sponsors Pulpit Freedom Sunday, in which it offers free legal representation to churches whose pastors preach about political candidates and are then audited by the Internal Revenue Service. (So far, no IRS investigations have been triggered.)

Last fall, 100 churches participated – up from 33 in 2008. This year’s Pulpit Freedom Sunday scheduled for Oct. 2, is expected to draw more than 500 churches.

“Unfortunately, there are groups out there who try to scare pastors into censoring themselves,” said Kelly Shackelford, president of the Texas-based Liberty Institute, a legal defense group, who said he’s been increasingly fielding calls on the topic from preachers. “My encouragement is, ‘Don’t be intimidated from fulfilling what God is calling you to do.’ “

Americans United for Separation of Church and State reports:

Anyone who believes the Religious Right is old news needs to read yesterday’s Los Angeles Times story by reporters Tom Hamburger and Matea Gold. It’s an excellent overview of how theocratic groups are gearing up for 2012.

Consider Iowa, for example – a state that plays an important role in the presidential election process. The Religious Right is strong in Iowa and scored an important victory in 2010 when it mobilized a church-based campaign to remove three justices from the Iowa Supreme Court. Fundamentalist church leaders were angry that the state high court had voted to approve same-sex marriage. They used a retention election (usually a quiet, non-controversial affair) to kick the judges out.

In the wake of a victory like that, we can be assured that the Religious Right won’t be sitting out 2012 in Iowa – or in other states.

As Hamburger and Gold note, “a growing movement of evangelical pastors…are jumping into the electoral fray as never before, preaching political engagement from the pulpit as they mobilize for the 2012 election.”

They continue, “This new activism has substantial muscle behind it: a cadre of experienced Christian organizers and some of the conservative movement’s most generous donors, who are setting up technologically sophisticated operations to reach pastors and their congregations in battleground states.”

The Times quotes Rob Stein, a Democratic Party strategist, who remarked, “The Christian activist right is the largest, best organized and, I believe, the most powerful force in American politics today. No other political group comes even close.”

The emphasis goes far beyond Iowa. Religious Right strategists are targeting a number of swing states for 2012. They include Ohio, Florida, Virginia, Colorado and others.

Backed with cartloads of cash from national far-right organizations, local groups of fundamentalist pastors are using new technologies to spread a partisan political message. I saw evidence of this myself in June at Ralph Reed’s Faith & Freedom Coalition meeting, where right-wing political strategists talked openly about ways to harness the power of churches and church-goers to get the “right” candidates elected.

Every time Americans United raises this issue, critics carp that we’re trying to stop conservative evangelicals from taking part in politics.

It’s not true. We acknowledge that everyone has the right to participate in politics. But, when theocratic groups use big bucks from shadowy donors and far-right fat cats to forge churches into a partisan political machine with the aim of enacting legislation to make a narrow form of fundamentalism the law of the land, people deserve to know about that.

Secondly, some of the activities being undertaken here may be illegal. Houses of worship are free to speak out on political and social issues, but – as tax-exempt organizations — they are not permitted to become political action committees that seek to elect (or defeat) certain candidates. Under federal tax law, no non-profit organization can do that.

Yet that is exactly what’s happening in some churches. In 2010, several Iowa churches openly organized campaigns to remove the Iowa Supreme Court justices from office. Every fall, the Alliance Defense Fund, a Religious Right legal group, prods pastors to flagrantly violate the law by using their pulpits to endorse or oppose candidates.

But there are small signs of hope. Republican Senator Chuck Grassley, Forbes just reported, “has asked ‘why a clergy member needs a tax-free allowance for more than one home, and whether tax-exempt churches should subsidize millionaire ministers’.”

Why, indeed?