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Politicking from the pulpit not so clear - Tuesday, October 7, 2008

This has been, and promises to continue to be, one of the most interesting election years in recent history. It has captured the nation's attention. It seems everyone is talking about the candidates and their positions.

Apparently, some religious leaders were feeling left out.

Two Sundays ago, 33 pastors from 22 different states offered their views on the election, and the presidential candidates in particular. Some of them endorsed a particular candidate or asked their flock not to vote for another, while others merely pointed out which candidates held views consistent with their scriptural interpretations. All of them did so with the express purpose of challenging a half-century-old ban on campaigning by tax-exempt religious organizations.

While none of these pastors were from Montana, they were chosen from a much longer, nationwide list of volunteers, according to the Alliance Defend Fund, the conservative legal organization that plans to defend these churches in court.

It's likely that the Internal Revenue Service will be investigating at least some of them. According to the IRS tax guide for churches and religious organizations, “Under the Internal Revenue Code, all IRC section 501(c)(3) organizations, including churches and religious organizations, are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.”

In 1954, Congress approved an amendment to the tax code that forbade tax-exempt entities from publicly participating in political campaigns. According to the Alliance Defense Fund, “Before the amendment was passed, there were no restrictions on what churches could or couldn't do with regard to speech about government and voting, excepting only a 1934 law preventing non-profits from using a substantial part of their resources to lobby for legislation.”

To be clear: religious leaders still have every right to promote their favored candidates and causes - but they cannot do so from the pulpit without risking their tax-exempt status.

At least, that's what the tax code states, but in the real world the line isn't so clear. In the years since the new rule was passed, very few churches have actually lost their tax-exempt status for engaging in politics - despite the fact that many of them have appeared to support or speak against certain politicians, political parties and causes.

That's because the line between speaking out about moral obligations and voting obligations is a fuzzy one. And that's why, ultimately, we were glad to see this IRS rule challenged.


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