RE: Gay Activists Threaten Church Tax-Exempt Status

[marc stern]

Title: Gay  Activists Threaten Church Tax-Exempt Status

The IRS has spoken reasonably authoritatively about this in its training manuals. By and large, unless the advocacy is express (vote against candidate Q because of their stand on….) pronouncements on policy “in the air” are not construed as endorsements. Otherwise all not for profits would have to shut down every election season. Marc Stern   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Anthony Picarello Sent: Thursday, June 03, 2004 9:53 AM To: Law & Religion issues for Law Academics Subject: RE: Gay Activists Threaten Church Tax-Exempt Status   The "susbtantial" limit on lobbying does provide ample breathing room for most religious institutions, including any bona fide house of worship I could imagine.  And there's probably no limit on religious groups' advocacy re moral issues, where the advocacy isn't also lobbying.   But there's no such latitude re advocacy for candidates, and we are, after all, in an election year.  So I expect that the candidate part of the limit will be asserted frequently in the months to come, and it could well represent a meaningful threat.   -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of marc stern Sent: Thursday, June 03, 2004 9:44 AM To: 'Law & Religion issues for Law Academics' Subject: RE: Gay Activists Threaten Church Tax-Exempt Status 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. Copyright © 2004 Focus on the Family All rights reserved. International copyright secured. (800) A-FAMILY (232-6459) Privacy Policy/Terms of Use <http://www.family.org/welcome/aboutfof/a0013445.cfm>  | Reprint Requests <http://www.family.org/reprints/>

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