Pastors Can Speak Out On U.S. Election Issues Without Risking Church Tax-Exempt Status

October 3rd, 2008 by LifeSite News Print This Article Print This Article ·

Pastors and church leaders do not need to violate IRS regulations on political activity in order to impact the 2008 elections. There are a wide variety of permissible activities that will activate voters and encourage them to vote according to biblical values.
 
While churches may not endorse or oppose candidates for elective office, pastors can preach on biblical and moral issues, such as abortion and traditional marriage, can urge the congregation to register and vote, and can overview the positions of the candidates. Churches may distribute nonpartisan voter guides, register voters, provide transportation to the polls, hold candidate forums, and introduce visiting candidates.
 
Since 1954, when the political endorsement/opposition prohibition was added to the Internal Revenue Code (“IRC”), only one church has ever lost its IRS letter ruling, but even that church did not lose its tax-exempt status. Churches, unlike other nonprofit organizations, do not need an IRS letter ruling to be tax-exempt. That case involved the Church at Pierce Creek in New York, which placed full-page ads in USA Today and the Washington Times opposing then-Governor Bill Clinton for President. The ads were sponsored by the church and donations were solicited. The IRS revoked the church’s letter ruling, but not its tax-exempt status.

The church sued, and the court ruled that churches are tax-exempt without an IRS letter ruling. The court noted that “because of the unique treatment churches receive under the IRC, the impact of the revocation is likely to be more symbolic than substantial.” Not even this church lost its tax-exempt status, and not one donor was affected by this incident.
 
Churches may promote and endorse pending legislation or marriage amendments or initiatives. The only limitation is that churches not devote more than a “substantial” part of their overall activity to lobbying. Since 1934, when the lobbying restriction was added to the IRC, not one church has ever lost its tax-exempt status for engaging in too much lobbying. This is not surprising, considering that, with all the other meetings and activities undertaken regularly, churches would have to lobby constantly in order to violate the lobbying restriction.
 
Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, stated: “Pastors should throw away the muzzle of fear and replace it with a megaphone of boldness. It was sermons of pastors that fueled the American Revolution. America needs her pastors to once again speak up and address the religious and moral issues of the day. Pastors can preach biblical truths and educate their congregations about the critical moral issues at stake in this election without violating any IRS rules.”

This article is courtesy of LifeSiteNews.com.




  • trailblazer

    And why aren’t our priests speaking out frankly and boldly on issues like same sex marraige, euthanasia, and abortion? These are not primarily political but moral issues on which the Church has firm and clear teaching. We don’t even need to mention names or the election; That the election is at hand and that the candidates make thier positions clear is plain enough.

    Is the reason we’re not hearing about this fear of violating the law and, if this is the case, why aren’t our priests well informed about what they can and can’t do according to the law from the pulpit? The day is fast approaching when we as Catholics will not be able to speak freely about these issues without legal implications but, it’s not quite here yet; only closing in quickly.

    Even when this moment of overt persecution, not far off, comes the larger question remains and it is a question for which we will all have to be able to provide an answer: who do we serve. Yes, Scripture asks us to pray for our leaders and to live in accordance with the law. But when the law becomes so depraved as to force us to choose between God and man, the choice is clear, we serve God. When truth is presented as lies and lies as truth, someone has to stand for the truth!

    I don’t know if we don’t hear boldly from the pulpit because of perceived restrictions of the law. I suspect closer to the truth is that the fear of what people in the congregation will say and do is the force more at work then the letter of the law as it exists and, why not? I suspect there would be a great uproar in many parishes if the Church’s teaching on these issues was proclaimed boldly. In truth there should only be strong approval and support from the congregatin so, maybe the problem isn’t at all with the priests; perhaps it’s mostly with us?

    That fear is at work at all is understandable but, given the grace of the sacraments available to us and the power of the Holy Spirit it is not a great source of sorrow that fear exists among us at all.

    Michael