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.

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?

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.

http://townhall.com/columnists/ErikStanley/2008/09/08/irs_rules_dont_trump_the_constitution

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.