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Madison group sues IRS over political activity by churches
Channel 3000 ^ | 11-15-2012

Posted on 11/15/2012 11:10:35 AM PST by Ellendra

MADISON, Wis. - The Madison-based Freedom from Religion Foundation argues in a federal lawsuit that the Internal Revenue Service is violating the U.S. Constitution by allowing tax-exempt churches and religious organizations to get involved in political campaigns.

The lawsuit filed Wednesday in U.S. District Court in Madison cites full-page ads run this fall in the New York Times and other newspapers by the Billy Graham Evangelistic Association and a letter that Illinois Bishop Daniel Jenky required to be read in churches the weekend before the presidential election.

The lawsuit argues that not enforcing the law prohibiting tax-exempt religious organizations from electioneering results in preferential treatment not provided to other tax-exempt organizations like the Freedom from Religion Foundation.

A spokesman for the IRS did not immediately return messages.


TOPICS: Culture/Society; Government; Politics/Elections; US: Wisconsin
KEYWORDS: church; electioneering; irs; lawsuit; religion
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To: Ellendra

If this includes Black churches then I’m on board. If it is white churches only stuff it.


21 posted on 11/15/2012 12:09:30 PM PST by redangus
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To: GeronL

Most churches have land, some of it in prime locations.


22 posted on 11/15/2012 12:22:08 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Small churches can rent a store front, lots of that available in Obamaconomy. Small churches don’t need to do what a big church might do.


23 posted on 11/15/2012 12:24:05 PM PST by GeronL (http://asspos.blogspot.com)
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To: Ellendra

Wait! Before I read the article, they’re talkin ‘bout the black churches, right?


24 posted on 11/15/2012 12:45:09 PM PST by crosshairs (America: Once the land of the free. Still the home of the brave.)
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To: Ellendra

since the belief in man-made gorebul warming is a religion, and liberlism in general is a religion, lets ban them from churches too.


25 posted on 11/15/2012 12:49:53 PM PST by bravo whiskey
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To: GeronL

well gee thanks, its nice of you to determine what they need

and gee a storefront. just the type of church environment so many people are looking for

do we need a govt permission slip too?


26 posted on 11/15/2012 1:03:09 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Brookhaven
Well, that's why I put in the sarcastic parenthetical ("Permitted"!) -- in person, I'd be putting in big two-fingered air-quotes.

You don't need "permission," to exercise your God-given right to freedom of speech and the free exercise of religion. The Constitution can acknowledge these rights, the Constitution can protect them; but the Constitution can neither "permit" nor refuse to "permit" them.

That amendment (the first) begins with the five most beautiful words in the Engligh language: "Congress shall make no law..."

27 posted on 11/15/2012 1:05:33 PM PST by Mrs. Don-o (What does the Lord require of you but to act justly, to love tenderly, to walk humbly with your God.)
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To: Ellendra

Note to Madison:

Before you walk too far down this path, you might aquaint yourself with the kinds of political activity that occurs in BLACK churches.

They have been holding fundraisers & campaign appearances for a long time.

You ne3ed to see this evidence before you go after white churches.


28 posted on 11/15/2012 1:54:47 PM PST by ridesthemiles
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To: Brookhaven

That’s your position, but what if someone else feels differently? Should your personal opinion hold sway over someone else’s religious freedom?

That’s the law. Ironically I was sitting with several IRS agents when I typed that. I’m a CPA and I deal with a lot of churches and non-profits.


29 posted on 11/15/2012 6:10:30 PM PST by tired&retired
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To: Ellendra; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; JPG; ...

The tiresome Freedom From Religion folks are at it again — suing churches.

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


30 posted on 11/16/2012 2:09:59 AM PST by afraidfortherepublic
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To: Ellendra
The targeted Church's should file a class action Civil Rights case for the attempted suppression of the 1st amendment and ask for several billion dollars.
31 posted on 11/16/2012 2:17:54 AM PST by fella ("As it was before Noah, so shall it be again,")
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To: Ellendra

Will they be going after mosques as well as churches?

Somehow I doubt it.


32 posted on 11/16/2012 2:42:18 AM PST by Fresh Wind (Cut the cable today!)
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To: Ellendra

Sounds like the WhiteHouse is becoming a little more sophisticated......using its community branches now to further it’s political ends.


33 posted on 11/16/2012 2:48:20 AM PST by mo (If you understand, no explanation is needed. If you don't understand, no explanation is possible.)
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To: tired&retired

The question at hand isn’t “is that the law?”

The question being discussed is “is that law constitutional?”

Ask your IRS friends about “Pulpit Freedom Sunday.” Churches for several years have been blatantly breaking the IRS rule (over 1,500 participated this year). They’ve been reporting themselves to the IRS; sending tapes to the IRS; literally daring (begging) the IRS to take action. Ask your IRS friends why they haven’t acted against any of these churches—not one?

The reason is simple: these churches are prepared (as a group) to challenge the Johnson amendment in court, and fight all the way to the supreme court if they have to. The IRS knows if that happens the Johnson amendment would get thrown out (at least as it applies to churches).

The Johnson amendment may be the law, but it’s an unconstitutional law. Eventually (if the IRS takes action against a church that has the resources to fight) it will get overturned.


34 posted on 11/16/2012 8:22:52 AM PST by Brookhaven (theconservativehand.com - alt2p.com)
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To: Brookhaven

I would agree with you. Churches do not fall under the general charitable organizations laws as they are protected by the constitution.

The mere fact that the government thinks that it has authority to regulate the churches in itself would give the churches the authority to exercise their assertions over the government. Furthermore, the constitution restricts government only, not the churches!

AMENDMENT I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


35 posted on 11/16/2012 10:13:52 AM PST by tired&retired
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To: Brookhaven

As a CPA I am also aware of the IRS actions to restrict and define who or what is a church. This was my tax law specialty for about 30 years prior to retiring.


36 posted on 11/16/2012 10:15:34 AM PST by tired&retired
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To: tired&retired

One could also interpret that the laws the judges and judicial system are trying to utilize to exercise their authority over churches is also illegal.


37 posted on 11/16/2012 10:17:50 AM PST by tired&retired
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