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From: A.E. Brownstein [mailto:[EMAIL PROTECTED]
Sent: Wed 6/9/2004 4:56 PM
To: Law & Religion issues for Law Academics
Subject: RE: Gay Activists Threaten Church Tax-Exempt Status
Sorry to be late in responding to Tom's post, but I was out of town.
On the first point, Tom and I
Brownstein [mailto:[EMAIL PROTECTED]
Sent: Wed 6/9/2004 4:56 PM
To: Law & Religion issues for Law Academics
Subject: RE: Gay Activists Threaten Church Tax-Exempt Status
Sorry to be late in responding to Tom's post, but I was out of town.
On the first point, Tom and I share very diffe
eated no better than secular speech needs to be
explicitly defended -- as against the claim that the marketplace of ideas is
already skewed by the bar on government explicitly espousing religious
ideas.
Tom Berg
_
From: A.E. Brownstein [mailto:[EMAIL PROTECTED]
Sent: Fri 6/4/2004 12:44 PM
To: L
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock
Sent: Friday, June 04, 2004 10:22
AM
To: Law
& Religion issues for Law Academics
Subject: Re: Gay Activists
Threaten Church Tax-Exempt Status
I was making
only Marty's point (ii). As to his point (i), If the church
_
From: A.E. Brownstein [mailto:[EMAIL PROTECTED]
Sent: Fri 6/4/2004 12:44 PM
To: Law & Religion issues for Law Academics
Subject: RE: Gay Activists Threaten Church Tax-Exempt Status
Thanks, Tom. Your post and Doug's are helpful (at least to me). I think you
are both right that a re
age-
From: A.E. Brownstein [mailto:[EMAIL PROTECTED]
Sent: Thursday, June 03, 2004 1:44 PM
To: Law & Religion issues for Law Academics
Subject: RE: Gay Activists Threaten Church Tax-Exempt Status
I'm not sure I fully understand this argument, but I don't know all that
much about chur
liate or PAC rather
>than,
>>say, a bishop of a diocese?" It matters greatly.
>>
>>Perhaps the answer to this argument is that such an exemption should be
>>provided, if at all, to any group, religious or secular, that can show a
>>doctrine that te
une 03, 2004 1:44 PM
To: Law & Religion issues for Law Academics
Subject: RE: Gay Activists Threaten Church Tax-Exempt Status
I'm not sure I fully understand this argument, but I don't know all that
much about church doctrine or tax law. Can you help me, Tom. Is the
argument that t
nal Message -
From: Douglas
Laycock
To: Law & Religion
issues for Law Academics
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
than that of her secular
counterpart?
- Original Message -
From:
Douglas Laycock
To: Law & Religion issues for Law
Academics
Sent: Friday, June 04, 2004 11:21
AM
Subject: Re: Gay Activists Threaten
Church Tax-Exempt Status
I was
making only Marty'
TED]]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 sp
unterpart?
- Original Message -
From:
Douglas Laycock
To: Law & Religion issues for Law
Academics
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 ad
feature almost entirely of religious groups -- or an I
wrong about that?
Tom Berg
University of St. Thomas School of Law (Minnesota)
_
From: Marty Lederman [mailto:[EMAIL PROTECTED]
Sent: Thu 6/3/2004 9:08 AM
To: Law & Religion issues for Law Academics
Subject: Re: Gay Activists Threaten Chu
Title: Gay Activists Threaten Church Tax-Exempt Status
I
agree that, in the hypothetical case I've described, the IRS would be unlikely
to pursue sanctions. But that's true only as a practical / political
matter. I'm more interested in the legal / doctrinal question, a
o come, and it
could well represent a meaningful threat.
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] 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
the months to come, and it could
well represent a meaningful threat.
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of marc stern
Sent: Thursday, June 03, 2004 9:44 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: Gay Activists Thr
St. Thomas School of Law (Minnesota)
_
From: Marty Lederman [mailto:[EMAIL PROTECTED]
Sent: Thu 6/3/2004 9:08 AM
To: Law & Religion issues for Law Academics
Subject: Re: Gay Activists Threaten Church Tax-Exempt Status
This appears to be the hot-button issue of the day, what with today's
ation."
What result for the congregation when its exemption is challenged? Easy
case, one way or the other?
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of marc stern
Sent: Thursday, June 03, 2004 11:20 AM
To: 'Law & Religion issues for Law Academi
hurches 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
Title: Gay Activists Threaten Church Tax-Exempt Status
My favorite example is this.Several years
ago, Cardinal Law urged that it was a sin to vote for a candidate who supported
abortion. Great uproar from the usual suspects. No critical comment at all when
the then Bishop of San Diego
Title: Gay Activists Threaten Church Tax-Exempt Status
How
about: "This moral principle [pick from among the usual suspects] is so
important to this religious congregation that, if a congregant supports any
candidate for any office who actively subverts the principle -- or who even
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
Title: 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'
Title: Gay Activists Threaten Church Tax-Exempt Status
This appears to be the hot-button issue of the day,
what with today's New York Times front-page story about Bush's attempt to use
churches for electioneering (http://www.nytimes.com/2004/06/03/politics/campaign/03CHUR.html?hp)
Title: 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
Title: Gay Activists Threaten Church Tax-Exempt Status
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
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