Image: Ben McLeod

Image: Ben McLeod

Americans United for the Separation of Church and State is urging the Internal Revenue Service to fix problems with its enforcement of laws against churches endorsing political candidates. In January, a Minnesota District Court judge ruled that the IRS did not have the proper procedures in place to investigate Living Word Christian Center, an investigation involving controversial church finances first reported by the Minnesota Independent in 2007.

“Given the pervasiveness of church politicking violations, as well as efforts by some organizations in recent years to encourage houses of worship to blatantly violate federal law,” the AU wrote to the IRS, “having a clear and valid enforcement regime is absolutely essential for the ongoing protection of religious liberty.”

Besides LWCC — whose pastor, Mac Hammond, endorsed Rep. Michele Bachmann from the pulpit in 2006 — another Minnesota church has been under investigation, but that probe was dropped this year due to enforcement problems.

Warroad Community Church pastor Gus Booth twice endorsed Sen. John McCain in 2008. Because the IRS did not have proper standing, the agency was forced to cease its investigation.

Americans United’s letter told the IRS that the ability to investigate churches for unlawful politicking is vital to the health of religion in the United States:

Americans United has long recognized that religion flourishes best when the wall between church and state is vigilantly maintained. Church politicking embroils houses of worship in divisive battles, pitting congregants against each other and their clergy.

The IRS limitation on partisan politicking is an important legal requirement that ensures that houses of worship, like all other non-profit organizations, do not embroil themselves in partisan disputes.