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I'm a bit unclear on one part of Doug's post.
Are you saying, Doug,
(i) that the church is differently situated
because, unlike secular nonprofits, it can't (or realistically won't be able to)
set up an affiliate through which to engage in political speech (if so, why is
that true?), or, alternatively,
(ii) that for some reason the partisan political
speech of the spiritual leader is qualitatively "very different" -- in a way
that should matter for statutory or constitutional analysis? -- from the
partisan political speech of her nonreligious counterpart?
----- Original Message -----
Sent: Thursday, June 03, 2004 12:10
PM
Subject: RE: Gay Activists Threaten
Church Tax-Exempt Status
I agree
that the absolute limit on candidate advocacy is a problem. Of course it
is a problem for all other non-profits as well, and the usual solution is to
set up a political affiliate. The one other way in which churches are
differently situated is the speech of the clergy. When the church
addresses a moral issue, including the positions of competing candidates on
that moral issue, it is very different for the spiritual leader to make the
statement versus the head of the 501(c)(4) affiliate making the
statement. I agree with Marty's analysis of current law, but the
restriction on the speech of the clergy is a constitutional
problem.
At 10:52 AM 6/3/2004 -0400, you wrote:
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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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Douglas Laycock
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