Americans United files IRS complaint against church that endorsed Emmer
Monday, October 18, 2010 at 3:04 pm
Americans United for the Separation of Church and State filed a complaint with the Internal Revenue Service Monday against Hastings’ Berean Bible Baptist Church and its pastor, Brad Brandon, for violating the ban on tax-exempt churches endorsing candidates. Brandon endorsed a slate of conservative candidates during his Sunday sermon after challenging the “liberal media” to report on his activities. AU urged the IRS to “investigate this matter and fully enforce our laws.”
AU cited the Minnesota Independent’s reporting on Brandon’s threats to endorse and his actual endorsement on Sunday.
“I believe this evidence indicates that the church violated federal law — and did so knowingly,” wrote the Rev. Barry W. Lynn, executive director of AU. “In fact, Pastor Brandon — the top official at the church — does not deny this and seems eager to be investigated by the IRS.”
On Sunday, Brandon endorsed Republican gubernatorial candidate Tom Emmer, Republican Dan Severson for Secretary of State, Republican Chris Barden for Attorney General and Republican Pat Anderson for State Auditor. He also endorsed Republican Randy Demmer in Minnesota’s First Congressional District, Rep. John Kline in Minnesota’s Second, Republican Teresa Collett in the Fourth, Rep. Michele Bachmann in the Sixth, and Lee Byberg in the Seventh. His two non-GOP nods went to independent Lynne Torgerson in the Fifth Congressional District and Constitution Party candidate Richard “George” Burton in the Eighth.
Brandon had been threatening the endorsements for a week on his radio program. To the “liberal media” he said, “Little immature human beings that are so wrapped up in your emotions that you couldn’t make a rational decision if it killed you, so please make this one decision for me — do it based on emotion. Do it out of hatred for me. File a complaint against mean old Pastor Brandon who is going to come out and endorse candidates.”
According to Rob Boston, senior policy analyst for AU, there’s a wide range of consequences that can occur when a non-profit endorses a candidate.
“All non-profit groups holding the 501(c)(3) designation — which includes houses of worship — may not intervene in elections by endorsing or opposing candidates for public office,” he said. “Those who violate the law can lose their tax exemption, be audited, be fined or suffer lesser penalties, such as warnings from the IRS.”
Here’s the complaint from AU:
26 Comments
Comment posted October 18, 2010 @ 3:46 pm
Brandon acts like the kid who puts the chip on his shoulder, and dares call anyone else irrational.
Comment posted October 18, 2010 @ 6:26 pm
It would be interesting to see what the Supremes thought of using tax policy to control political speech.
Comment posted October 18, 2010 @ 6:53 pm
Dennis- It’s not that it’s illegal for him to speak his mind. He was already doing that on his political radio program as quoted in the article. He’s not being taxed for being critical of the government, the church is going to be taxed for no longer being a 501 non-profit organization anymore. No one made him choose to work for a non-profit organization, and no one made the church file for tax exempt status. When that church sought out tax exempt status, it agreed to act by the terms of the law, which stipulates political neutrality. When this pastor chose to ignore the rules of tax exempt status, he did just that, he ignored the rules of running a tax exempt organization, so the church no longer gets that status. He can say whatever he wants still, the church just needs to pay taxes.
Comment posted October 18, 2010 @ 6:54 pm
I’m more interested in how the Supremes will react to established law being flaunted by a church insisting it must benefit from religious tax laws but refuse to abide by them. If they want to play in civil politics all they have to do is pay their taxes on land, property and income. Real simple…
Comment posted October 18, 2010 @ 7:20 pm
Dennis, it couldn’t be easier to see if it smacked you in the face:
If you want to engage in political speech, you don’t get to be tax-exempt.
It’s hardly the stuff of conspiracy.
Comment posted October 18, 2010 @ 7:22 pm
“…do it based on emotion. Do it out of hatred for me. File a complaint against mean old Pastor Brandon who is going to come out and endorse candidates.”
Jezuz, does this guy project much?
Comment posted October 18, 2010 @ 7:31 pm
The Supremes were not the same without Diana. It is so slimy, one could say sinful, to mix your religious “teaching” with political directives. Isn’t it time that the religious hucksters pay there share? Do not churches benefit from what taxes pay for? Why do they get a free ride? They want their “rights” and “freedom” but they don’t want to pay for it. What a bunch of lying, whining, [fill in practically any derogatory noun]. They want to play politics and then hide when the going get rough or somebody asks them to pay their share, they are outraged (as they fleece the flock).
Comment posted October 18, 2010 @ 8:19 pm
Churches were NEVER a taxable organization in the US. They were only denied free speech in 1954 when Lynden B Johnson rammed through the legisaltion to require the church to be included to further HIS agenda.
Comment posted October 18, 2010 @ 8:20 pm
“If you want to engage in political speech, you don’t get to be tax-exempt.”
Says who? I don’t recall that caveat in the 1st Amendment. Perhaps you can point it out to me.
Comment posted October 18, 2010 @ 9:18 pm
I agree, Dennis and Dan. The free speech rights of the Minnesota Independent are being trampled! Like Pastor Brandon’s church, this 501(c)(3) nonprofit, tax-exempt website must conform to harsh tax laws that prevent its employees from explicitly endorsing political candidates — and that’s a shame. This site should be able to take Brandon’s lead and publish a list of its preferred candidates without the burden of paying taxes to the government.
Comment posted October 18, 2010 @ 11:16 pm
Dennis, I don’t recall anything in the First Amendment about tax exemptions.
Are the Star Tribune’s First Amendment rights being violated because they have to pay taxes? If I have to pay sales tax on a box of shotgun shells, does that infringe on my Second Amendment rights?
Comment posted October 18, 2010 @ 11:50 pm
Down with false religion it will all soon be destroyed. Jesus ran and hid from those who wanted to make him a human king. Rev 18: whole chapter discusses destruction of false religion. It is starting to happen around the world. YES YES YES.
Comment posted October 19, 2010 @ 7:37 am
Dennis is again trying to bend reality to his strange little view of the world.
How about it Dennis – Did you find the evidence of Al Franken’s draft dodging? Find the proof of progressive ministers endorsing candidates from their pulpits?
Comment posted October 19, 2010 @ 8:08 am
The military draft ended in 1973 when Franken was 22 years old. He hid under a classroom desk for four years.
“proof of progressive ministers endorsing candidates from their pulpits”
Ever hear of Jeremiah Wright or Fr Pfleger?
http://www.youtube.com/watch?v=mAfy5PFJwcg
http://www.youtube.com/watch?v=vdJB-qkfUHc&feature=related
Comment posted October 19, 2010 @ 8:30 am
Dennis –
“he hid under a desk for 4 tears” And this is different from Cheney or Jeb Bush?
Sorry Dennis – you still got nothing.
Comment posted October 19, 2010 @ 9:25 am
Having the papers challenging the Sect. 501(c)(3) status, ready to serve and served during the sermon, could not have been too soon. The sooner, the better. Let the bozo have his court test. It’s what he’s after, along with the publicity for him and the names he named. It is a surprise he did not work in some place an endorsement for Mary Kiffmeyer.
Comment posted October 19, 2010 @ 1:33 pm
The black letter of the law is clear. If you claim 501 non-profit status, you cannot endorse political candidates. It speaks to the separation of church and state.
Christ said “render unto Caesar that which is due Caesar”. That includes the following of the laws of the land.
Comment posted October 19, 2010 @ 4:46 pm
Smile:
What is the rationale associated with a non-profit under section 501(c)(3) of the Internal Revenue Code.
It it for the puspose of supporting the Citizens of this country in places where the United States Government and The State Governments Failed.
We failed Through the cracks of this country When we were in our 40′s. Young and strong, but NOT BECAUSE OR DRUGS .
The Church Picked Us up and .
In OUR JUDGMENT, tax exemp is only a token of the VALUE OF THE CHURCH
to The People of this land and Also The United States Government.
rufus
pastor@unitedstateschurch.org
Comment posted October 20, 2010 @ 8:27 am
We’re either a nation of laws, or we’re not. Everyone is subject to the laws as they exist on the books. Once we become a nation where laws are broken and there are no repercussions, it opens the door for larger violations and has the potential to create a lawless society over time in which none of us have protected rights.
I’m a Christian, and I believe that if this pastor flaunted the law, he should be punished. There’s nothing in the Bible that tells Christians that they are exempted from following the law. This pastor could have held a public event and endorsed these candidates, but he willfully decided to do it on church property which receives a specific tax exemption, so he has to accept the consequences of his behavior. As for my fellow Christians who may want to give this man a free pass, I would have to wonder whether they’re really following the Word or their own personal desires.
Comment posted October 20, 2010 @ 1:29 pm
The Constituition is clear “congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech…” in 1954, with the Johnson Amendment, they made a law that violated the U.S. Constitution. The same Constitution that gives you all the freedom to post what you want on here.
Romans 10:9-10
Comment posted October 20, 2010 @ 3:09 pm
debeenli,
Again this is neither a free speech or religious freedom issue. This is related to how churches operate within our country. We set up some institutions to have certain priviledges regarding tax status to have them provide certain services to our society. Churches and some types of hospitals were categorized that way.
So again the issue here is that Brandon can have a tax exempt status as a church and still talk about all his favorite issues, he just cannot endorse political candidates as the pastor of the church. He can form his own non-tax exempt organization and do his politics that way. His “free speech” is NOT being inhibited nor is his ability to practice religion as he see fits. It’s about the tax exempt status of the church.
Comment posted October 21, 2010 @ 1:33 am
Scott,
Again, “Congress shall make no law…prohibiting the free exercise thereof; or abridging the freedom of speech…” and they did. Constitutional rights are not something that can be traded or bartered away. They always exsist, for all citizens, all the time.
Comment posted October 21, 2010 @ 8:09 am
You’re missing the point, Scott. The tax laws that require people to shut up in return for favorable tax status are unconstitutional.
Comment posted October 21, 2010 @ 8:11 am
debeenli,
I can read.
What this is about the TAX EXEMPT status of the church. Churches have tax exempt statuses as corporate entities. What Brandon violated are the rules that his corporate church operates under.
He has not lost his free speech or right to practice his religion.
I have major issues with churches as entities that are groups of people who exist to worship their religion in specific peice of property that is owned and maintained by the churches legal structure, having one person state the whole church has this political stand and will not allow for other people within the church to get their political opinions expressed that may be in opposition to the leaders to be expressed is the problem.
The “Citizens United” case is also causing more business corporations to take their money and use it for political processes. Welcome to the buying of candidates and political offices.
Politcs should be individuals working together, talking to their neighbors to elect the people to create the rules we run our society with.
Brandon, Karl Rove and the Chamber of Commerce seem to want a politcal process by which those with the most money have the power. Money should not be the power in our society.
Comment posted October 21, 2010 @ 9:25 am
I attended yesterday evening’s Bible Study at Rev. Brandon’s church–and posted on the brouhaha. My title is an allusion to a long-lost feature of Hastings’ built environment: http://en.wikipedia.org/wiki/Hastings,_Minnesota#History
Pingback posted October 21, 2010 @ 1:36 pm
[...] his candidacy. For example, despite Emmer dodging the gay-marriage question on his radio program, Pastor Brad Brandon endorsed him anyway. Meanwhile, the Minnesota Family Council and National Organization for Marriage continue to spend [...]
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