Is the IRS Going to Censor Sermons at Your Church?

Daily Signal ^ | 8/9/2014 | Kelsey Harkness

[markomalley]

An atheist group wants to censor what priests, pastors, rabbis and other clergy say in their sermons by threatening an IRS challenge of their tax-exempt status.

Generally, the leaders of houses of worship in America have the constitutional right to preach and promote anything short of an outright endorsement of a political candidate. But now, that freedom is being challenged.

In 2012, the Freedom From Religion Foundation, a nonprofit atheist organization that advocates strict separation of church and state, sued the Internal Revenue Service seeking to force the agency to question the tax-exempt status of churches and other houses of worship if they preach on moral issues in a way that has “political implications.”

On July 17, the Freedom from Religion Foundation formally agreed to dismiss the lawsuit voluntarily, with assurances from the IRS that the agency “no longer has a policy of non-enforcement against churches.” The lawsuit, filed in the U.S. District Court for the Western District of Wisconsin, was dismissed without prejudice—meaning the atheist group could revive it at any time if the IRS reverts to its previous “inaction.”

Daniel Blomberg, legal counsel at The Becket Fund for Religious Liberty, agreed to answer questions about the case from The Daily Signal and explain the threat posed to Americans’ religious freedom.

The Daily Signal: Who and what is the Freedom from Religion Foundation, and what is this campaign they’ve launched against houses of worship?

Blomberg: The Freedom From Religion Foundation is a militant atheist group that seeks to marginalize religion in public life and demonize it generally. The lawsuit just dismissed was a step worse than usual. It was a failed attempt to use everyone’s favorite government agency— the IRS—to censor private religious speech: what pastors say to their congregations during religious services.

Q: What authority does the IRS have to monitor or censor sermons?

A: The Internal Revenue Service has seized on an old law, the “Johnson Amendment,” which was pushed through by an at-risk politician to censor what some non-profits were saying about him; [the IRS] expanded it through regulation to ban pastors from using “code words” such as “pro-life” in their religious instructions in church services.

Q: What is the Johnson Amendment?

A: It’s a tax law that restricts the speech of certain tax-exempt groups, including churches. The IRS has implicitly recognized that it can’t punish houses of worship for a minister’s sermon to the congregation, but it constantly threatens enforcement without ever following through. And that’s why the Freedom From Religion Foundation sued—it wanted more than threats, it wanted censorship.

Q: Why should Americans of all religious faiths and beliefs be alarmed?

A: Because while reasonable people can disagree about how much religious leaders should preach about politics, they all should agree that the IRS doesn’t have any role censoring what a pastor says in the pulpit during a religious service. And they should further agree that militant atheists shouldn’t be able to use the IRS as their attack dog.

Throughout history, religious leaders have preached openly about moral issues with public policy impact such as slavery, racial equality, child labor reform, and prison policies. And throughout history, politicians have tried to silence religious leaders who spoke against them—including religious leaders such as the Rev. Martin Luther King Jr.

Using government coercion to ban pastors, rabbis, imams, and priests from talking to their own congregations in the context of a religious service regarding religious beliefs just because those beliefs threaten politicians is about as unconstitutional as a regulation could be.

Q: What is The Becket Fund’s role?

A: The Becket Fund represented Holy Cross Anglican Church in fending off the Freedom From Religion Foundation’s lawsuit. And we remain actively engaged in protecting houses of worship from IRS censorship.

Q: Is the IRS embracing the Freedom From Religion Foundation’s position?

A: Once Holy Cross Anglican Church intervened in the lawsuit to protect churches from censorship, the IRS and the Freedom From Religion Foundation worked together to dismiss the lawsuit and protect the Johnson Amendment from a direct challenge.

Because the IRS never enforces the amendment, churches never get a chance to fight back. But the lawsuit gave houses of worship a chance to stand up, and once the Freedom From Religion Foundation realized that, they and the IRS couldn’t run away fast enough.

Q: Has any house of worship faced punishment or censorship already as a result of this lawsuit?

A: No. The lawsuit had no impact at all. In fact, the Freedom From Religion Foundation admitted to the court in support of its joint request with the IRS to dismiss the lawsuit that the IRS isn’t enforcing the Johnson Amendment at all right now – not against churches, not against anyone. Although the IRS is still threatening houses of worship with censorship, and apparently has 99 churches on its list of targets for the future, FFRF’s lawsuit has nothing to do with that.

Q: What happens next?

A: The ball remains in the IRS’s court. It can stop threatening ministers about the religious teaching they provide to their congregations.

[bert]

The IRS will act only at Black churches where walking around money will be reportable and taxable to the preacher

[Sacajaweau]

The government cannot regulate churches. When will they “get it”. If churches want to discuss politics, they can. The government is only blackmailing/silencing the church and that’s what they specifically can’t do.

[Diogenesis]

The IR"S" supports HAMAS, terrorist groups, runs DeathCARE,
and reports to, and acts as SS for, Obama-the-Undocumented cryptoMoslem.

Obama and the US taxpayer fund Hamas and other terrorist groujps
using backdated IRS papers.

Anyone in the EXEMPT House care? Anyone? [crickets]
Anyone in on the EXEMPT Oversight Committee really care? Anyone? [crickets]
Anyone in the EXEMPT DO"J" care? [don't even bother to ask]

New Inconsistencies with Malik Obama’s IRS Paperwork
which bears Lerner’s signature, but is dated Sunday June 26, 2011.

Lois Lerner approved tax exempt status for foundation
operated by Obama's half-brother for Hamas

Deleted IRS Emails may be about Obama’s Brother and Hamas/a>

Barack Obama’s Brother Malik Joins Hamas Terrorist Group

Kerry, Obama, and the WEF’s $4 Billion Bailout Plan for PLO/Hamas

How the U.S. Aids Hamas Through the Palestinian Authority

Obama Also Approves Direct Funding For Hamas

Obama has US send another $50M to Gaza

Obama’s Brother Funds Hamas

Hamas 'happy' with Obama's $900 million pledge [2009]

U.S. Selling $11B in Weaponry to Gulf State That Supports Hamas and Syrian Jihadists

Why would Hamas negotiate with John Kerry after getting $47 million from him?

Obama Officials Meet with Hamas, Discuss Removing it from Terror List

Ninth Lesson From the Gaza War: Hamas Uses Humanitarian Aid for Evil

Will Obama Snatch Defeat from the Jaws of Victory Over Hamas?

Obama to the rescue – of Hamas

Summer Camp: Hamas Teaches Children to Kill and Kidnap Israelis

[I want the USA back]

This means that democrat operatives will sit in Catholic churches, and churches that do not promote gay ‘marriage’ and abortion, and write down what is said and run to the irs to report them.
The irs will then happily carry out its fascist agenda on the church.
Obviously, churches that support the democrat agenda will be free to do all they want, as they are now.

[WKB]

Ping

[dennisw]

The atheist can start their own churches to get an IRS tax exemption. House of Satan would do.

[blueyon]

Only Conservative Churches mind you......they left will still speak in liberal churches and tell the people how to vote

[nonliberal]

I personally would not have a problem yanking tax exemptions of churches that aid illegals or propagate the global warming hoax. Both are political activities.

[BilLies]

“Malik Obama’s Barack H. Obama Foundation (BHOF) received.....

And ..... some conservative commentators take Obama to task for not taking care of his relatives. Why should he, when he has the wealth (and credit) of a nation to distribute.

[cripplecreek]

It already does by regulating political speech in churches.

[Seattle Conservative]

That’s exactly what I was thinking. What about Obummer, Hillary! and others being on the pulpit in primarily black churches - IRS won’t touch them.

[Enterprise]

Well I for one stand side by side with the IRS. In fact, I suggest that the churches make it easy for the IRS to hear what is being said. Millions of Christians should attend services outside of IRS buildings. And bring bullhorns so the IRS and their atheist buddies can hear everything! And keep doing this for months on end. Maybe if they make enough noise, the walls of the IRS will fall, like the walls of Jericho!

[xzins]

Churches are not ‘tax exempt’ as a result of the IRS being nice to them. They are outside the realm of taxation by virtue of the Constitution saying that government cannot prohibit the free exercise of religion.

I will not change anything I say from the pulpit out of fear of the IRS.

[Raycpa]

Flaw in argument is churches unlike other non profits are not granted their status by IRS authority, they are granted their status by statute.

[BigCinBigD]

“The atheist can start their own churches to get an IRS tax exemption. House of Satan would do.”

Atheist no more believe in satan than they do god. (The two kinda go together)

[Raycpa]

Every nonprofit approval can be effective 2 plus years before formal approval. That is not special treatment. You are misleading people.

[wita]

Q: What is the Johnson Amendment?

A: It’s a tax law that restricts the speech of certain tax-exempt groups, including churches. The IRS has implicitly recognized that it can’t punish houses of worship for a minister’s sermon to the congregation, but it constantly threatens enforcement without ever following through. And that’s why the Freedom From Religion Foundation sued—it wanted more than threats, it wanted censorship.

See Pulpit Freedom Sunday: http://www.speakupmovement.org/Church/LearnMore/details/4702

[Raycpa]

You are correct that a tax on Church is likely a constitutional issue, but the ability to take a deduction for tithes and offerings would not be.

[SECURE AMERICA]

This hate group never stops attacking Christians and Jews be they in the public or military. Have not seen them attack the muslims but then they might not want to be beheaded...........