Pastors To Defy IRS, Back Candidates On 'Pulpit Freedom Sunday'

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source: ABC News

'Pulpit Freedom Sunday' to Defy IRS
Pastors Across the U.S. Say They Will Defy Law and Talk Politics

Nearly 100 pastors across the country planned to take part in Pulpit Freedom Sunday, an in-your-face challenge Sunday to what the government says can and cannot be said in church.

The pastors, along with the Scottsdale, Ariz.-based nonprofit Alliance Defense Fund, are reacting to a law stating that churches are not allowed to support politicians from the pulpit, according to the ADF.

The growing trend is a challenge to the IRS from the churches, and may jeopardize their all-important tax-exempt status. But some pastors and church leaders said they are willing to defy the law to defending their right to freedom of speech.

Federal tax law, established in 1954, prohibits churches and tax exempt entities from endorsing or opposing political candidates.

Pulpit Freedom Sunday is an initiative organized by the Alliance Defense Fund, a conservative Christian nonprofit organization, which according to its website seeks to "defend the right to hear and speak the Truth through strategy, training, funding, and litigation."

"We believe that a pastor has a right to speak whatever he believes without fearing the government will somehow censor what he says or threaten to take away his tax exemption," ADF spokesman Erik Stanley said.

He said the group believes that the 1954 amendment, sponsored by then Sen. Lyndon Johnson, D-Texas, is a violation of the Constitution. According to the ADF, the government's monitoring of the content of pastors' and churches' speech is a violation of the Free Speech Clause.

The IRS will be keeping an eye on the planned activities.

"We are aware of recent press reports, and will monitor the situation and take action as appropriate," IRS spokesman Robert Marvin said.

In 2008, 33 pastors took part in the first Pulpit Freedom Sunday, when they defiantly spoke of politics to their congregation.

According to Stanley, even though all the pastors involved recorded their sermons and sent them to the IRS, only one church was investigated by the IRS, and the audit was dropped after several months.

This year the numbers have tripled and the participating pastors again will be videotaping their sermons and sending them directly to the IRS.

"The whole goal is to foster a lawsuit where we could challenge the constitionality of the law," Stanley said. "We believe if a federal judge looked at the constitutionality of what the IRS has done, it wouldn't take long for the judge to strike it down as unconstitutional.

"It's entirely appropriate to use the separation of church and state to tell government it has no business being in the pulpits of America," he said. "This is about a pastor's right of free speech."

He said other than challenging the law, there is no political agenda.

"We make it a practice not to ask in advance [which candidates or polticical party a pastor might support] because for us it doesn't matter," Stanley said. "We believe pulpit freedom is for any pastor."

Pastors and Churches Divided

But not all pastors and churches agree that Pulpit Freedom Sunday will do anything to help the cause.

"I think it's absolutely ridiculous. Why would you want to anger the IRS?" Rev. Kenneth Whalum Jr. of Tennessee's mid-South region told ABC-24.

David Shelley, pastor of Smith Springs Baptist in Tennessee, is defying the clause for the second time this year by throwing his support behind several Republican candidates.

"My support for these candidates has nothing to do with their party or their skin color or any other non-biblically related issue," he said.

Shelley, like many other pastors, is hoping that the IRS does come after him, according to The Tennessean newspaper.

"We're the ones that have equity with the thousands of people that attend this church," Pastor Steve Riggle of Grace Community Church in Houston said in an ADF video.

"I don't run their lives, I don't tell them what to do, but I'm going to speak into their lives, and if I'm not speaking into their lives on the issues that have made the nation great, and the issues that God cares about, then who is?" he said.

Rev. Barry Lynn, executive director of Americans United for the Separation of Church and State, has made it clear that participating churches have plenty to lose.

"Tax exemption is not a right; it's a privilege that comes with certain restrictions," Lynn said.
 
Let them make the mistake and lose that hustle. They will cry about religious persecution to the sheep and they'll act like it's a war on christianity, but they will have pay those taxes. :yes:
 
Let them make the mistake and lose that hustle. They will cry about religious persecution to the sheep and they'll act like it's a war on christianity, but they will have pay those taxes. :yes:

LOL. I agree, they might (though the Government says in 2006 it received 237 referals and selected 100 (44 churches, 56 nonchurches) for examination; half of these cases are still under investigation. The IRS says it substantiated improper political activity in 26 cases and issued written advisories but, so far, there were no revocation recommendations).

The ministers are NOT themselves prevented from expressing their political views, so long as they do not do make their comments in official organization publications or at official functions of the organization, which is benefitting from the government's cash.

Congress amended the IRCode in 1954 to prohibit 501(c)(3) organizations, which includes charities and churches, from engaging in any political campaign activity. The law prohibits political campaign activity by charities and churches by defining a 501(c)(3) organization as one "which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office."

Individual political/campaign activity is NOT covered by the law (and would violate the Constitution if it did) -- the individual simply needs to not involve the organization that is receiving the 501(c)(3) tax exemption (government cash in its pockets) in the campaign political activity.



<font size="4">P.S.
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If anyone is interested, (I know there are a lot of brothers and sisters that visit this forum that operate or work with non-profits), the IRS has published Revenue Ruling 2007-41, which outlines how churches, and all 501(c)(3) organizations, can stay within the law regarding the ban on political activity. check it out -- there are numerous explanations which could be helpful. For example:

  • "voter education" drives and activities, including preparation and distribution of certain voter guides, conducted in a non-partisan manner may not constitute prohibited political activities which violate section 501(c)(3)

  • The presentation of public forums or political debates is a recognized method of educating the public and, SO LONG AS THE ORGANIZATION DOES NOT PUSH A CANDIDATE OR POLITICAL VIEW, should not violate 501(c)(3)

  • The political campaign intervention prohibition is not intended to restrict free expression on political matters by leaders of organizations speaking for themselves, as individuals -- However, for their organizations to remain tax exempt under section 501(c)(3), leaders cannot make partisan comments in official organization publications or at official functions of the organization.


QueEx
 
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