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To: NYer
The Constitution does not permit the US Government to determine which beliefs are "true" or "adequate" or even "relevant" to any religion.

That's where the cr*p the ObamaKKKare gurus are throwing at the RCs fails.

The traditional way the government deals with any religious group that claims a "benefit" on that basis (just like any other nonprofit) is still in effect at the Postal Service. There the law notices that there is an "organization" ~ one man operations don't count. It must also have a PRIMARY PURPOSE ~ to conduct worship, etc.

Where ObamaKKKare goes off the track is that the traditional law (still embedded in the USC somewhere) recognizes that such an organization may have OTHER PURPOSES. Postal rules state: "Organizations that incidentally engage in qualifying activities do not meet the primary purpose test" ~

The "incidental" rule means, basically, that you can't claim to be an educational institution if that's just incidental to the primary purpose ~ but, if your primary purpose is to be a church (e.g. The Roman Catholic Church's primary purpose is to be The Roman Catholic Church) then you qualify for the beneficial postage rates ~ and you can do other things ~ something churches, mosques, temples, etc. are known for ~ to wit, hospitals, educational programs, and maybe even old folks homes .

What the Obots and Obamistas have done is rule that IF you have a primary purpose you may have no purposes other than the primary purpose. They then pick and chose which of the purposes qualifies, and then they disqualify the others.

I think the Supreme Court will leave the ObamaKKKare standard on the cutting room floor where it shall remain.

Let's crank this down to one Catholic priest and a lay assistant. To start with it's not in the government's authority to send spies around to see if a priest is administering last rites or providing a sick person with an aspirin! The priest is, in and of himself, considered "religious" and you'll find folks using that term. If he hires on a lay assistant to carry the boxes of aspirin for him, that doesn't mean the priest is no longer engaged in his priestly mission, nor that you can require him to pay for practices abhorrent to his own religious beliefs ~ to wit, you cannot make the priest violate his conscience and religious vows by forcing him to hand over money to buy an insurance policy that pays for abortificiants. At no point does the priest ever become other than "religious" ~ so he cannot lose that status due to the incidental tasks carried out to support that mission.

Doesn't matter if you expand the role of this priest to that of a bishop who owns a school and a hospital, both of which he staffs to meet the needs of "the faithful", who also have some religious rights here with respect to the operation of the school and the hospital.

Again, using abortificiants as an example "the faithful" can expect the school and the hospital to be used in a manner acceptable to Catholics. Same goes for a Baptist school or hospital.

The qualification of a Church extends downward to every part and parcel of that church ~ provided it has a primary purpose and is organized to meet that purpose, and does so. The purpose and the acts taken to meet that purpose are NOT LIMITED to a single place.

16 posted on 03/11/2012 6:47:01 AM PDT by muawiyah
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To: the invisib1e hand; Tax-chick

Check my post at #16. There still exist sections of the USC and the CFR that reflect that view ~ and they are embedded in the USPS rules regarding the use of nonprofit postage rates by churches. You might want to read those rules in http://pe.usps.com/text/dmm300/703.htm but before you do that, be advised that you really only begin to understand their breadth and limitations after years of practice. They have some “trick words”. IRS abandoned these standards decades ago WITHOUT a change in the underlying federal law. I’d imagine the people putting ObamaKKKare together had no idea the IRS standards were waiting on their own lawsuit as well.


20 posted on 03/11/2012 6:52:18 AM PDT by muawiyah
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