The Pulpit Initiative and Freedom Sunday
Today conservative pastors around the country are endorsing political candidates in an effort to have the 501(c)(3) ban on political campaigning declared unconstitutional. The group behind it--the Alliance Defense Fund--says that it will sue the IRS if action is taken against the offending churches.
That's nice, but in my not-so-humble opinion it's a waste of time, money & peace of mind.
A case from The Year 2000--Branch Ministries v. Rossotti--illustrates why. As that opinion notes, the Supreme Court has stated that having to pay tax is not a constitutionally significant burden on religious freedom. First Amendment freedoms do not necessarily entail a freedom from taxation, and churches, like other charities, have a legal right to form tax-exempt 501(c)(4) organizations that the tax code allows to campaign.
Again, as I said in a comment to my Twitter and politics post, I think the prohibition on campaigning is lame for a range of infallible super-smart reasons with which I know everyone would agree. I'm also well aware that one could argue the prohibition is an unconstitutional establishment of religion, inasmuch as it privileges apolitical churches over those for whom political endorsements are integral to their message.
But others have tried and died while attempting to climb this particular mountain, and my guess is that this initiative won't get existing precedent overturned. Of course, the composition of the court has changed quite a bit in recent years, so I'm not putting any money down in Vegas.
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