RE: Thousand pastors using "Pulpit Freedom Sunday" to cross the line between church and state
September 25, 2012 at 4:09 pm
(This post was last modified: September 25, 2012 at 4:10 pm by Tino.)
Personally I hope they do it as I believe it will blow up in their faces. Americans are equally split politically, and have become accustomed to not hearing political views with which they disagree. If a church-goer has to sit through a sermon that is intrinsically political, I think the reaction will be very bad from more than half of parishoners.
Also, the articles suggests that the reason they are doing it is to force the IRS to take the issue to court. But the tax law (501C3, summarized below) that prohibits churches from campaigning is the same law that applies to the vast majority of non-profit organizations. That's going to be a tough sell - suddenly allowing all non-profits to become political. I believe the majority of them would oppose the change, as they know that becoming political, or even being perceived as being potentially political, would hurt donations.
"In exchange for the receipt of tax-exempt status, I.R.C. § 501©(3) absolutely prohibits churches and other tax-exempt organizations from campaigning for or against a candidate for public office. If a church participates or interferes, directly or indirectly, in any political campaign for or against any candidate for public office by publishing and distributing certain written material or making oral statements regarding the candidate, then a church can lose its tax-exempt status for violating the campaigning ban. I.R.C. § 1.501©(3)-1©(3)(iii). Quite simply courts have interpreted 501©(3) to ban any degree of participation or intervention in a campaign for public office. Ass’n of the Bar of N.Y. v. Comm'r of Internal Revenue, 858 F.2d 876, 879 (2d Cir. 1988)."
Also, the articles suggests that the reason they are doing it is to force the IRS to take the issue to court. But the tax law (501C3, summarized below) that prohibits churches from campaigning is the same law that applies to the vast majority of non-profit organizations. That's going to be a tough sell - suddenly allowing all non-profits to become political. I believe the majority of them would oppose the change, as they know that becoming political, or even being perceived as being potentially political, would hurt donations.
"In exchange for the receipt of tax-exempt status, I.R.C. § 501©(3) absolutely prohibits churches and other tax-exempt organizations from campaigning for or against a candidate for public office. If a church participates or interferes, directly or indirectly, in any political campaign for or against any candidate for public office by publishing and distributing certain written material or making oral statements regarding the candidate, then a church can lose its tax-exempt status for violating the campaigning ban. I.R.C. § 1.501©(3)-1©(3)(iii). Quite simply courts have interpreted 501©(3) to ban any degree of participation or intervention in a campaign for public office. Ass’n of the Bar of N.Y. v. Comm'r of Internal Revenue, 858 F.2d 876, 879 (2d Cir. 1988)."


