Comments on: IRS loophole gets Minnesota churches off tax-violation hook

By: TheColu.mn » Blog Archive » The National: RNC Drops $2k At Lesbian Bondage Strip Club

Tue, 30 Mar 2010 16:00:10 +0000

[...] against a gay mayoral candidate in Gainsville. Problem is, several laws on the books make it nearly impossible for the IRS to successfully act against politically active churches. (The Bilerico [...]

By: Peter S. Chamberlain

Peter S. Chamberlain — Sun, 06 Sep 2009 03:40:19 +0000

This would be hilariously funny if the underlying Constitutional issue raised by the LBJ Amendment, IRC 501(c)(3), were not so serious. Of course, even if it were Constitutional and not subject to political abuse, as it has been, rather than an IRS Rule or Regulation, which Congress “approves” by silently, anonymously, and cowardly allowing to have the force of law by not voting to change, any procedure that can be used by the IRS, or any other government official or agency, to attack a church, or any other person or entity, for publishing facts, or expressing opinions based thereupon, and especially any based upon religious beliefs, a right guaranteed by the same First Amendment that guarantees free exercise of religion and freedom of speech and press, Congress should stand up and pass or defeat a law, standing alone and not buried in some other unrelated bill, on a record vote, assigning decisions on any such investigations it thinks, and says straight out that it thinks, are Constitutional and proper, not to some anonymous beaurocrat but to someone directly appointed by the President and confirmed by Congress, and require any such subpoenas to be issued only by a real federal judge, which can then be challenged by a motion to quash or for a protective order.
IRC 501(c)(3) was slipped into the Code by Lyndon B. Johnson without debate as a vehicle to allow him to use the IRS to attack his political enemy H. L. Hunt. Plans to abuse it by both parties, and by liberals and conservatives, have come to light, and some abuses have occurred, just as many across the political spectrum have reasonably feared. Look at the people and groups across the political spectrum who have expressed genuine and reasonable concerns about chilling effects on core Constitutionally protected speech.
The tax-exempt status of churches, except for unrelated business income, is not a gift by Congress or the IRS but a necessary correlative of the God-given natural rights explicitly referred to in the Declaration of Independence and the Federalist Papers, the Framers’ explanation of the Constitution and Bill of Rights, which the Framers originally thought unnecessary because they had not given the government any power, including the power to tax, which the Supreme Court later noted was the power to destroy, over churches or over church members as such. Any attempt to infringe upon or limit those rights, including the right of pastors, like anyone else, to speak out on moral and political issues, granted by God and guaranteed by the Constitution and Bill of Rights, is tyrannical usurpation, illegal, and void.
Much of our law is traceable directly to the Bible, and its adoption as secular law to influence exercised through hte churches. The political campaign to abolish slavery originated in the churches. Child labor and safety laws were promoted in churches. The long-overdue Civil Rights Act of 1964, insofar as it outlawed the second-class status of black people, and in many other respects, was long overdue, and much of the work of getting it passed was quite rightly done from the pulpits of churches and the sermons of pastors. Just as contributions to the ACLU and Americans Unjited for Separation of Churhc and State, or Al Gore’s environmental groups are tax deductible, those to churches and groups more friendly to them, regardless of political orientation, or whether you, I, or any politician agree or disagree with them, should be if we want to even pretend equal protection of the law and upholding the First Amendment’s speech and religion clauses.
Since this problem will recur and continue, and yet evade review as long as the reorgnaizaiton of the IRS leaves this so-called “loophole”—you know what a loophole is, don’t you: it’s a rule of law that favors the other side that your side didn’t know or forgot about!–and theraafter until the IRS picks on some small church that can’t afford to fight them to intimidate others–and eventually enough people join and help them, the solution would appear to be for the courts to recognize this “evading review and capable of repetition” and “chilling effect upon free speech and free exerize of religion” problem and hear a Declaratory Judgment and Permanent Injunction suit challenging the law without the plaintiff having to risk devastating legal consequences by violating it in order to get into court.

By: Dave

Dave — Thu, 27 Aug 2009 03:13:55 +0000

The loophole needs to be closed, there are too many brain dead morons who let their church tell them who to vote for and blindly follow. Minnesota Family Council voting guides, anyone?

By: Bobby

Bobby — Tue, 25 Aug 2009 21:44:48 +0000

“…the religious right is seeking to exploit it by encouraging churches to flout the law and endorse candidates from the pulpit next month.”

Oh really?

Or could it be that since Democrats blocked The Houses of Worship Act in Congress in recent years, pastors have taken it upon themselves to seek a judicial overturning of the 1954 LBJ Amendment which — without debate — removed free speech from church ministers? Seems the First Amendment does not actually exclude pastors from free speech or religious expression

By: JBC

JBC — Tue, 25 Aug 2009 17:56:34 +0000

Whew, I’m sure glad the Clintons never stumped in any African-American churches in the 90′s or during the 2008 primaries!

By: Master of None

Master of None — Tue, 25 Aug 2009 15:30:48 +0000

What is the most amazing thing is that a 501(c)(3) organization such as the Minnesota Independent, which routinely trashes candidates (Republican candidates only), which has former employees admitting that it is just a mouthpiece for the Democrats, used to trash any and all Republican candidates, can actually bring itself to criticize other 501(c)(3) organizations.

Andy, have you reported yourself to CREW lately?

By: db

db — Tue, 25 Aug 2009 15:26:54 +0000

“he endorsed John McCain for president and trashed Barack Obama and Hillary Clinton from the pulpit”

So I guess Rev. Wright’s tax-exempt status is still safe….

http://www.youtube.com/watch?v=hAYe7MT5BxM

By: Noah Kunin

Noah Kunin — Tue, 25 Aug 2009 14:50:37 +0000

What amazing legislative ingenuity. Only Position X can bring an investigation, so let’s also make sure the Position X is eliminated.

By: TimothyJ

TimothyJ — Tue, 25 Aug 2009 13:58:15 +0000

The only thing not taxed on churches is their “offerings” and their sanctuary. Everything else gets taxed, just like everybody else.

Isn’t it amazing, that there is no investigation into those churches where the churches not only endorsed, but allowed Hillary Clinton to adopt her new southern drawl and deliver campaign speaches from their pulpits. The Loonattic Left wants their cake and wants to eat it too.

By: Ed

Ed — Tue, 25 Aug 2009 10:56:26 +0000

It’s time to right a wrong that has gone on too long and tax the church!