RE: Thousand pastors using "Pulpit Freedom Sunday" to cross the line between church and state
September 25, 2012 at 5:16 pm
Quote: Please realize that constitutional rights are not an issue here. The First Amendment says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Churches are not required to incorporate or file for tax exempt status. IRS publications say that. But if they want these things, there is nothing illegal about them promising to give up their rights in exchange for the “benefits” of incorporation and tax exemption. When Christian Echoes had its tax exempt status removed by the IRS, the 10th District Court said:
In light of the fact that tax exemption is a privilege, a matter of grace rather than right, we [the 10th District Court] hold that the limitations contained in section 501©(3) withholding exemption from nonprofit corporations do not deprive Christian Echoes of its constitutionally guaranteed right of freedom of speech. (Christian Echoes National Ministry, Inc. v. United States, 470 F.2d 849 (10th Cir. 1972); cert. denied, 414 U.S. 864 (1973)).
The Supreme court declined to hear an appeal of the above case, letting the ruling stand as a legal precedent.
