Shame on the Churches

by Jan Brazill

September 28 should go down as a Day of Shame for churches—at least for those who participate in “Pulpit Freedom Sunday,” the Alliance Defense Fund’s scheme to politicize America’s houses of worship (http://www.ombwatch.org/article/articleview/4252/1/537).

The Alliance Defense Fund (ADF) wants churches to renege on religion’s pact with government, insisting that pastors should be able to endorse candidates from their pulpits. This is both a Constitutional challenge and an affront to taxpayers.

Through tradition, churches enjoy a tax-exempt status, with taxpayers assuming the tax obligation of the churches in exchange for the promise that the churches will not attempt to influence politics, since that would conflict with some taxpayers’ positions. In other words, tax exemption is a benefit, but it comes with conditions. This seems only fair.

And actually, it’s the law. A New York church lost its tax exemption for partisan politicking. Pat Robertson’s Christian Broadcasting Network and Jerry Falwell’s Old Time Gospel Hour also had their tax exemptions revoked and were assessed monetary penalties for election activities.

Most churches respect the law and avoid endorsing or opposing candidates. But the ADF seems intent on misleading them into believing that they can engage in partisan politics. Perhaps ADF believes that if it can get enough churches to blatantly violate this restriction, someone will change the law. However, it will be the churches that will suffer by losing their tax-exempt status, while the ADF—the villain in the piece—emerges unscathed!

This is the same group that tries to inject fundamentalism into our public schools, roll back reproductive rights, deny civil rights protections for gay people and now they want to force taxpayers to support churches that will make their political decisions for them.

Any churches contacted by the ADF should do some research. A website called Project Fair Play has been set up to provide information (http://www.projectfairplay.org/). It clearly states that the Internal Revenue Code bars all non-profit groups that hold 501 (c)(3) tax status from endorsing or opposing candidates for public office or intervening in partisan elections. Religious leaders may address political and social issues from the pulpit, but they may not use church resources to endorse or oppose candidates. Violations of the law can result in fines, assessment of back taxes, and revocation of tax-exempt status.

Since 1992, Americans United has asked the IRS to investigate more than five dozen instances of what were believed to be unlawful church electioneering. These have been races involving Democrats, Republicans and third party candidates. The Church at Pierce Creek near Binghamton, N.Y. lost its tax-exempt status for placing newspaper ads urging the defeat of Bill Clinton in October of 1992. (Aided by a conservative legal group, the church sued in federal court to have the revocation overturned and lost.) Other churches and religious ministries have faced audits, been assessed back taxes or received warnings from the IRS.

Federal law allows houses of worship to address social, moral and political issues. Churches may address ballot referenda and speak out on proposed legislation. What they cannot do is intervene in partisan races that involve candidates by taking actions that endorse or oppose anyone seeking public office.

Will churches take the high moral ground on September 28, or will it be a Day of Shame?

Shame on the Churches - by Jan Brazill: September 2008