Image: Ben McLoed

Image: Ben McLoed

Religious right leaders are celebrating the postponement of an IRS complaint against a Warroad, Minn., pastor alleging he violated tax laws when he twice endorsed Sen. John McCain from his pulpit in 2008. The IRS says a procedural move forced them to close the case, but have the option to open it again in the future.

“Both Hillary and Barack favor the shedding of innocent blood (abortion) and the legalization of the abomination of homosexual marriage,” Booth said in a May 2008 sermon at Warroad Community Church. “We need to vote for the most righteous of candidates. And it doesn’t take a brain surgeon to figure that out. The most righteous is John McCain.”

Booth admitted that he knew he was violating the law in a letter to the IRS and in another letter to Americans United for Church and State, which initiated a complaint against the church. Because Booth’s church enjoys an exemption from paying federal and state income taxes, the church is not allowed to endorse candidates.

Booth allegedly violated the law again during the James Dobson–inspired Pulpit Freedom Sunday, when churches were encouraged to break the law by endorsing McCain from the pulpit. Booth again sent a letter to the IRS flaunting his law-breaking sermon.

The IRS began a case against the church, but the agency said in a letter to Booth (pdf) dated July 7 that due to “a pending issue regarding the procedure used to initiate the case,” they have closed the file. However, the letter said that the agency “may commence a future inquiry… after it resolves that procedural issue.”

The Minnesota Family Council says that the IRS is being a bully and that churches should have the right to endorse candidates and keep their tax-free status.

“Pastors should be free to speak or not to speak in opposition to or support of political candidates according to the dictates of their consciences,” said Family Council president Tom Prichard. “They shouldn’t have their free speech rights, guaranteed under the U.S. Constitution, undermined by the IRS. Yet that appears to be what the IRS is trying to do in this instance,” concluded Prichard.

But the group that filed the complaint, Americans United, said churches are not free to be partisan — and shouldn’t be. “Booth is free to endorse anyone he wants to as a private citizen,” the Rev. Barry Lynn of Americans United said when the group filed the complaint. “But when he is standing in his tax-exempt pulpit as the top official of a tax-exempt religious organization, he must lay partisanship aside.”