There really is nothing to the threat. Churches
are free to take stands on political issues provided they do not spend a “substantial”
amount on these activities. The late Dean Kelly obtained an internal IRS memo which
indicted that insubstantial was between 5-20% of an organization’s budget.
The document was informal and would not bind the IRS, but it describes a fairly
safe harbor. Non-church groups can opt for a different and more predictable set
of rules, but at the behest of churches which then insisted that the government
could not stop them from advocating for legislation at the expense of exemption,
churches were not offered the option.
Marc Stern
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Francis Beckwith
Sent: Thursday, June 03, 2004 8:16
AM
To: Religion Law Mailing List
Subject: Gay Activists Threaten
Church Tax-Exempt Status
Importance: Low
Just got this from a friend. It
is published by “Focus on the Family,” a conservative Christian
outfit in Colorado Springs.
Frank
---
June 1, 2004
Church's
Tax-Exempt Status Threatened
by Steve Jordahl, correspondent
Pro-homosexual group lodges complaint with
the state against a Montana church that aired
the "Battle
for Marriage" satellite broadcast.
A Montana
church, one of hundreds across the country to broadcast a pro-marriage TV
special on May 23, has been threatened by a gay-activists group with removal of
its tax-exempt status.
Canyon Ferry Road Baptist Church in Helena showed congregants "The Battle
for Marriage" — a video simulcast featuring Focus on the Family
Chairman Dr. James Dobson and other pro-family leaders — and circulated a
petition at the event calling for a state constitutional amendment supporting
traditional marriage. Those actions rankled the gay-activist group Montanans
for Family and Fairness, which lodged a complaint with the state's Commission
of Political Practices.
The complaint alleges that what the church did "may … have
implications for an organization's tax status." The commission has said it
will investigate, but Alliance Defense Fund (ADF) attorney Gary McCaleb said
the argument is without merit.
"The letter that was sent out by these far-left activists is
outrageous," McCaleb said. "I think it's defamatory, and it's
certainly an intolerant effort to suppress free speech."
Canyon Pastor B.G. Stumberg said his church is not intimidated. The commission
is unable to affect a church's tax-exempt status on its own, but a decision
against the church is the first step in stripping a congregation of its tax
benefits.
"I don't think it's scaring us at all," he said. "It's sort of
galvanized us, in one sense, (and) I think everybody's sort of saying, 'OK,
let's go.' "
The letter was also sent to several hundred other Montana churches, an obvious attempt to make
them think twice about addressing the issue of gay marriage. McCaleb said churches
should press ahead, anyway.
"You certainly don't convert your church into a political committee,"
he explained, "when you speak out in favor of marriage."
The ADF, McCaleb added, would be happy to consult with any church that has
questions.
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