Doesn’t the Bible say we are to disciple nations? Until a hundred years ago, our nations pastors did this through a variety of means including the annual “Election Sermon” which was given the Sunday before an election. The purpose was to shed the light of God on the affairs of man and keep our nation headed on a divine course. Things have changed. America is off course. Pastors are quiet, intimidated, threatened, muzzled by fears we’d lose our sacred 501c3 status.
Enter… PULPIT FREEDOM SUNDAY, September 28, 2008. I love this headline in last weeks Wall Street Journal… Pastors May Defy IRS Gag Rule.
A conservative legal-advocacy group is enlisting ministers to use their pulpits to preach about election candidates this September, defying a tax law that bars churches from engaging in politics. Alliance Defense Fund, a Scottsdale, Ariz., nonprofit, is hoping at least one sermon will prompt the Internal Revenue Service to investigate, sparking a court battle that could get the tax provision declared unconstitutional. Alliance lawyers represent churches in disputes with the IRS over alleged partisan activity.
I thank God for my friend Gary McCaleb, Senior Counsel at the Alliance Defense Fund. Alliance Defense Fund exists to counter the dark influence of the ACLU and today is a massive and well-funded legal group solely focused on religious freedoms. I met Gary a few years ago here on the frontlines of the battle for the unborn in South Dakota. He came to our state to offer the full legal support of the ADF – at no charge to South Dakota pastors. On numerous occasions since I’ve run what I am doing here by Gary to see if I’m still “legal.” He gives me great counsel at no charge – tells me to call him on his cell phone – even on weekends he gets right back to me. The Alliance Defense Fund offers to pay the full legal expenses of any pastor who gets in trouble for being God’s voice to our culture.
Last week in DC I was excited to hear ADF is launching this “Pulpit Freedom Sunday” initiative. They are encouraging pastors all over America to exercise their First Amendment right to openly discuss the positions of political candidates and other moral and social issues from the pulpit. They hope to get some lawsuits rolling that will regain the pastors freedom to speak freely in America again. Here’s a bit more from ADF’s website or you might prefer to watch this video clip:
“Pastors have a right to speak about biblical values from the pulpit without fear of punishment. No one should be able to use the government to intimidate pastors into giving up their constitutional rights,” said ADF Senior Legal Counsel Erik Stanley. “The government can’t demand that a church give up its right to tax-exempt status simply because the pastor exercises his First Amendment rights in the pulpit. Groups like Americans United intentionally trigger IRS investigations that will silence churches through fear, intimidation, and disinformation.” Prior to 1954, churches were free to evaluate the positions of political candidates on moral issues without fear of the Internal Revenue Service revoking their tax-exempt status. That year, then-Senator Lyndon Johnson amended the tax code to add the threat of IRS action against churches if their pastors mentioned the positions of specific candidates from the pulpit. Citing that rule, groups like AU have repeatedly threatened to report churches to the IRS if they speak out on such issues. Many tax-exempt organizations are permitted to evaluate candidates’ positions based on the values important to those groups. Organizations which are tax-exempt but do not have the same speech restrictions the IRS places on churches include civic leagues; labor, agricultural, or horticultural associations; business leagues; chambers of commerce; real estate boards; boards of trade; professional football leagues; clubs organized for pleasure, recreation, and other nonprofit purposes; fraternal beneficiary societies; and cemeteries. “The intimidation of churches by leftist groups using the IRS has grown to a point that ADF has no choice but to respond,” said Stanley. “The number of threats being reported to ADF is growing because of the aggressive campaign to unlawfully silence the church. IRS rules don’t trump the Constitution, and the First Amendment certainly trumps the Johnson amendment.”
If we don’t use our freedom to defend our freedom we will lose our freedom. I’m excited about this. In fact, I’m going to have trouble restraining myself until September 28.
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June 25, 2008 at 7:01 pm
Obama "kisses" the babies alright
[...] Second, but very related, is a new website by a group of pastors for Obama called JamesDobsonDoesntSpeakForMe.com. A coalition of pastors lead by Pastor Kirbyjon Caldwell are standing up to support Barack Obama with this website. Obviously these pastors don't care about the issue of the shedding of innocent blood. That's fine for them, but I bet Americans United for the Separation of Church and State won't cry "separation of church and state" here like they will when I oppose Obama on the LIFE issue this fall. [...]
June 27, 2008 at 10:57 am
Barack Obama says fatherhood begins at conception, but not life? « Gate Post
[...] do you suppose it would before the IRS would get complaints? That’s soon to change… September 28th here we come! It’s a new [...]
September 3, 2008 at 11:46 am
Mike
The constitution give you every right to speak your mind. It doesn’t allow you to speak your mind and be financed with federal tax dollars if you are speaking as a tax exempt entity.
September 6, 2008 at 5:54 pm
Steve Hickey
Mike,
You are incorrect. It is illegal for the United States Government to issue any benefit in exchange for a certain kind of speech.
Two Constitutional issues are in play here – freedom of speech and free exercise of religion. Federal tax dollars don’t finance me – tithes and offerings do. Those who donate (and file standardized deductions- only about 40% itemize) get a tax benefit. But then again, tithes an offerings are not taxable, they never have been. Churches don’t produce “profit” – they spend what comes in every year.
Check out the Supreme Court ruling in Walz v. Tax Commission … basically there is “a long and unbroken practice of exemption for churches” and that “span of time covers our entire national existence, and indeed predates it.” The Johnson Amendment is recent unconstitutional tax law that gives a benefit or penalty in exchange for a certain kind of speech.
September 8, 2008 at 4:34 pm
Davey
I think it’s an excellent idea for churches to renounce their IRS exemption and pursue political goals. Just imagine if the church paid its fair share of taxes – you wouldn’t have to go to heaven to see streets paved with gold!
September 8, 2008 at 8:34 pm
Steve Hickey
READ THIS – IRS RULES DON’T TRUMP THE CONSTITUTION
http://townhall.com/columnists/ErikStanley/2008/09/08/irs_rules_dont_trump_the_constitution
September 26, 2008 at 1:02 pm
danielcohen8
I also blogged about this, though in far less detail. This is my question-
The US Government grants these organizations the privilege of tax-exempt status- if they violate the rules regarding this law, the government simply revokes their privilege to this status. Simple- and efficient.
This is not the government interfering with their organizations- it is simply enforcing the rules around a privilege granted by the government. The tax-exempt status is not a right- free speech is a right, however this law is settled and does not infringe on the rights of religious organizations- they are free to speak at will- they simply cannot participate in the privilege of government-granted tax-exempt status if they are unwilling to follow the rules.
September 26, 2008 at 1:12 pm
Steve Hickey
Daniel – I’m not sure what your question is.
I’ll reprint here what I wrote out for Mike above… Check out the Supreme Court ruling in Walz v. Tax Commission … basically there is “a long and unbroken practice of exemption for churches” and that “span of time covers our entire national existence, and indeed predates it.” The Johnson Amendment is recent unconstitutional tax law that gives a benefit or penalty in exchange for a certain kind of speech.
It has been a long standing RIGHT of religious freedom for churches to not be taxed or impeded in speech in anyway. It is unconstitutional for the government to issue a benefit in exchange for a certain kind of speech.
I’d like to read your blog entry on this topic – can you share the link?
September 26, 2008 at 4:12 pm
A group of pastors prepare a Sunday defiance of IRS rules. One pastor speaks out!
[...] http://stevehickey.wordpress.com/2008/05/13/pulpit-freedom-sunday-september-28/ [...]
September 26, 2008 at 4:40 pm
danielcohen8
Sure- Here is the link:
http://www.criticalknot.wordpress.com
This question dovetails (I think,) well with idea about the priviledges granted by the government in marriage.
Although the institution of marriage is as old as humans, and is a religious institution, the benefits granted by the US government are not religious. These benefits are a priviledge granted to the civil institution of marriage.
Let me know what you think.
September 28, 2010 at 5:33 pm
nmontague
First, I want to say it’s good to see that there are others interested in this topic as well. We need to restore the rights of the preachers to be able to say whatever they want without fear that those in power will try to target them for not letting them coopt their congregations.
Second, I want to thank you for providing much more details than I’ve found elsewhere. It’s nice to see people who understand the issues discussing them clearly.