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.

The action marks the latest attempt by a conservative organization to help clergy harness their congregations to sway elections. The protest is scheduled for Sunday, Sept. 28, a little more than a month before the general election, in a year when religious concerns and preachers have been a regular part of the political debate.

It also comes as the IRS has increased its investigations of churches accused of engaging in politics. Sen. Barack Obama's denomination, the United Church of Christ, has said it was under investigation after it allowed the Democratic presidential candidate to address 10,000 church members last year. Last summer, the tax agency said it was reviewing complaints against 44 churches for activities in the 2006 election cycle. Churches found to be in violation can be fined or lose their tax exemptions.

Armon Ayers wrote:Where does it say that a tax-exempt status trumps free speech?

Isn't it interesting that only "religious" 501(c)3 organizations are silenced. All others are able to say whatever they want.

Armon Ayers wrote:Where does it say that a tax-exempt status trumps free speech?

Isn't it interesting that only "religious" 501(c)3 organizations are silenced. All others are able to say whatever they want.

SheikBen wrote:Is the NAACP a 501 c 3?

501(c)(3) public charity organizations are strictly forbidden from engaging in any political activity
in support of or in opposition to any candidate for public office. The IRS will consider all of the
facts and circumstances surrounding an activity to determine whether the activity violates this
prohibition. However, 501(c)(3) public charity organizations can engage in nonpartisan voter
education activity and in a limited amount of lobbying.

501(c)(3)s MAY:

•
engage in limited lobbying, including work on ballot measures
•
conduct nonpartisan public education and training sessions about participation in the
political process
•
educate all of the candidates on public interest issues
•
publish legislative scorecards (with certain restrictions)
•
prepare candidate questionnaires and create voter guides (with certain restrictions)
•
canvass the public on issues
•
sponsor candidate debates (with certain restrictions)
•
rent at fair market value mailing lists and facilities to other organizations, legislators, and
candidates (with certain restrictions)
•
conduct nonpartisan get-out-the-vote and voter registration drives
•
establish a controlled 501(c)(4) organization
•
work with all political parties to get its positions included on the party’s platform (with
certain restrictions)
501(c)(3)s MAY NOT:

•
endorse candidates for public office
•
make any campaign contributions
•
make expenditures on behalf of candidates
•
restrict rental of their mailing lists and facilities to certain candidates
•
ask candidates to sign pledges on any issue (tacit endorsement)
•
increase the volume or amount of incumbent criticism as election time approaches
•
publish or communicate anything that explicitly or implicitly favors or opposes a candidate
Note: This handout provides general guidelines only, and is intended to serve as an overview. Because the
application of law is fact-sensitive and context is critical, it should not be relied upon as legal advice. Organizations
should consult with their attorney to receive guidance on special rules governing their conduct.

TerryRC wrote:Seems to me that if you want in the politics game then you need to get out of the God game. After all, isn't this counrty founded on the principal that the two don't mix!!!

If I live 1000 years, I still will never get you figured out.

Needless to say, I agree with you.

SheikBen wrote:If either of you live 1000 years stay away from my granddaughters!