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GOP Congressman Seeks to 'Restore Free Speech' in Churches
CNS News ^ | March 03, 2005 | Nathan Burchfiel

Posted on 03/04/2005 6:54:29 AM PST by Crackingham

A U.S. House Republican wants religious leaders to be able to use their pulpits to endorse political candidates and he has introduced legislation that would do just that through a change in the tax code.

Church leaders, in order to protect their tax-exempt status, are currently prohibited by law from taking sides in a political debate. But North Carolina Republican Rep. Walter Jones' bill - the Houses of Worship Free Speech Restoration Act of 2005 -- would change the Internal Revenue Service code. Similar legislation may be sponsored in the U.S. Senate by Kansas Republican Sen. Sam Brownback.

"Whatever God puts in the minister's heart to say, he is protected by the First Amendment if this becomes law," " Jones told Cybercast News Service . This is the fourth time such a bill has been introduced in the House.

Jones said churches "have a special place in America," and should be freed from some rules typically applying to tax-exempt organizations. "When the churches qualified for a 501(c)3 (the IRS's classification for tax-exempt organizations) back in the late 30s, early 40s, there was never any restriction of speech on them -- nothing, absolutely zero."

Restrictions on political speech for tax-exempt groups were imposed in 1954 under an amendment to the tax code proposed by Sen. Lyndon B. Johnson, who went on to serve as vice president and then president after John F. Kennedy was assassinated in 1963.

Coburn said those rules violate the Constitution. He said the First Amendment exists "to protect two vital freedoms: speech about political subjects and religious worship. Those who want to silence religious leaders have turned the Constitution on its head."

If Jones' bill becomes law, pastors would be able to discuss political issues and explicitly endorse candidates from the pulpit, so long as church money, which remains tax-exempt, wasn't used to distribute political or campaign messages.

But Rob Boston of Americans United for Separation of Church and State said the relevant debate is not over the freedom of religious leaders to address political issues. Instead, he said, it concerns whether tax-exempt organizations should be allowed to campaign.

Boston said he doesn't think the current regulations "in any way stifle a church's ability to discuss compelling issues of the day like gay marriage and gun control and abortion.

"That's all protected," Boston said. "They just have to stop short at telling people who to vote for or not to vote for."


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 109th; churchandstate; firstamendment; freespeech; irs; taxes; walterjones
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1 posted on 03/04/2005 6:54:29 AM PST by Crackingham
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To: Crackingham

Its about damn time - we need to thank the congressmen who vote in favor of this.


2 posted on 03/04/2005 7:05:51 AM PST by sasafras (sasafras (The road to hell is paved with good intentions))
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To: Crackingham

THIS is an actual violation of the First Ammendment,, Congress shall make no law respecting an establishment of religion, or Prohibiting the Free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The 10 C's on the courthouse wall is not a violation.


3 posted on 03/04/2005 7:06:42 AM PST by aspiring.hillbilly
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To: sasafras
Its about damn time - we need to thank the congressmen who vote in favor of this.

I disagree. You will see countless new congregations popping up - such as the Church of Her Royal Thighness - to exploit this.

And any change should apply to all groups or to none.

4 posted on 03/04/2005 7:08:40 AM PST by dirtboy (Drooling moron since 1998...)
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Comment #5 Removed by Moderator

To: Crackingham
Coburn said those rules violate the Constitution. He said the First Amendment exists "to protect two vital freedoms: speech about political subjects and religious worship. Those who want to silence religious leaders have turned the Constitution on its head."

If Jones' bill becomes law, pastors would be able to discuss political issues and explicitly endorse candidates from the pulpit, so long as church money, which remains tax-exempt, wasn't used to distribute political or campaign messages.

The idea of Liberty is alive and well in NC.

6 posted on 03/04/2005 7:10:02 AM PST by Joe.E.Sixpack
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To: Crackingham

endorsing political candidates in church is only a problem if the church endorses a republican. how many times have we seen prominent democrats at some church using the alter to give stump speeches?

remember Clinton, Jackson, Sharpton?


7 posted on 03/04/2005 7:12:11 AM PST by camle (keep your mind open and somebody will fill it with something for you))
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To: Crackingham; sasafras; aspiring.hillbilly; dirtboy; TonyRo76; Joe.E.Sixpack

I have a better idea: revoke ALL tax-exemptions for ALL organizations.

It's not that I'm anti-church, it's that the "charity" deduction has opened the door for all kinds of tax-free organizations, most of which are activist groups for Leftist causes.

And frankly, a tax-deduction for an organization is a de facto tax subsidy for that organization. Which means that tax payers are being forced to subsidize organizations that they may not agree with, morally or otherwise. For example, a Catholic may like the idea that his parish is getting a tax break, but how does he feel about similar tax breaks going to abortion clinics, homosexual activist organizations, or an Islamic mosque that's advocating terrorism?

What we really need in this country is true tax reform. But until that happens, we need to abolish ALL tax-exemptions for ALL organizations. And that would also solve this absurd free-speech violation: organizations can advocate any political view that they wish without fear of government repercussions.


8 posted on 03/04/2005 7:13:06 AM PST by SpyGuy (Liberalism is slow societal suicide. And screw political correctness: Islam is the Religion of Death)
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To: SpyGuy
I have a better idea: revoke ALL tax-exemptions for ALL organizations.

Actually, I have recoimmended to my church that we rescind our 501(c)(3) status, but for much different reasons than yours. The reason being the un-Constitutional restrictions that Rep. Jones seeks to remove.

9 posted on 03/04/2005 7:17:29 AM PST by Joe.E.Sixpack
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To: Crackingham
The constitution specifically says that Congress shall make no law respecting an establishment of religion or denying the free exercise thereof.

Therefore, any governmental restriction based on IRS code is automatically a violation of the constitution. And government law to take church money in any capacity is a violation of this amendment. These both violate the free exercise provision.

Pastors are free to speak as they wish. Religious money is given as an act of religion for a religious purpose, no matter the purpose.

What part of "no law" don't they understand?

10 posted on 03/04/2005 7:21:08 AM PST by xzins ( Retired Army Chaplain and Proud of it!)
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To: Crackingham; sasafras; aspiring.hillbilly; dirtboy; TonyRo76; Joe.E.Sixpack; camle; SpyGuy
Tat is because TAXATION is the root of oppression.

Fees and duties? Yes - taxation? an evil.

11 posted on 03/04/2005 7:21:59 AM PST by Destro (Know your enemy! Help fight Islamic terrorism by visiting johnathangaltfilms.com and jihadwatch.org)
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To: Crackingham; sasafras; aspiring.hillbilly; dirtboy; TonyRo76; Joe.E.Sixpack; camle; SpyGuy; ...
That is because TAXATION is the root of oppression.

Fees and duties? Yes - taxation? an evil.

12 posted on 03/04/2005 7:23:25 AM PST by Destro (Know your enemy! Help fight Islamic terrorism by visiting johnathangaltfilms.com and jihadwatch.org)
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To: xzins
Therefore, any governmental restriction based on IRS code is automatically a violation of the constitution.

I disagree - you can simply not take the tax exemption and speak out all you want. The government does not force you to take a tax break.

And I disagree with the scope of this proposal - it should apply to all tax-exempt organizations, or none.

13 posted on 03/04/2005 7:24:12 AM PST by dirtboy (Drooling moron since 1998...)
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To: Crackingham; sasafras; aspiring.hillbilly; dirtboy; TonyRo76; Joe.E.Sixpack; camle; SpyGuy; ...
That is because TAXATION is the root of oppression.

Fees and duties? Yes - taxation? an evil.

Now I am on a tear - cause of GAY MARRIAGE RIGHTS? Taxation status - taxation codes are being used by gays as a way to open up their lifestyle into a right.

Taxation is the basis on which Gays are fighting the traditional system - and I have to admit from a tax stand point the homos are correct - end the taxation - and the gays lose their foundation for the same sex marriage right.

I am going to go punch a wall or something.....

14 posted on 03/04/2005 7:25:58 AM PST by Destro (Know your enemy! Help fight Islamic terrorism by visiting johnathangaltfilms.com and jihadwatch.org)
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To: dirtboy

You're exactly right - I would rather level the playing field by removing the tax exempt status of black or liberal churches for their open flouting of the law over the years.


15 posted on 03/04/2005 7:27:19 AM PST by Let's Roll ("Congressmen who ... undermine the military ... should be arrested, exiled or hanged" - A. Lincoln)
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To: dirtboy

What part of "no law" don't you understand?

Do you also support gun control, or do you recognize that "the right to keep and bear arms shall not be infringed" has the word "not" in there someplace?

If you see the "not" in the 2nd amendment, then see the "no" in the 1st amendment.


16 posted on 03/04/2005 7:29:36 AM PST by xzins ( Retired Army Chaplain and Proud of it!)
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To: dirtboy
I disagree - you can simply not take the tax exemption and speak out all you want.

Then you disagree with the Constitution's guarantee of "freedom of speech", which specifically was to insure the freedom to speak freely in the political spectrum. To restrict that freedom by churches and pastors is a violation of the Constitution.

17 posted on 03/04/2005 7:32:43 AM PST by Joe.E.Sixpack
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To: xzins
What part of "no law" don't you understand?

Once again, no one forces a church to accept tax-exempt status.

Do you also support gun control, or do you recognize that "the right to keep and bear arms shall not be infringed" has the word "not" in there someplace?

Nice try but no stogie. By your logic, gun-buyback programs would be unconsitutional, even though they are voluntary. I personally disagree with gun-buyback programs, but that doesn't change the fact that a voluntary program or tax break is not an infringement on free speech.

18 posted on 03/04/2005 7:33:31 AM PST by dirtboy (Drooling moron since 1998...)
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To: sasafras

NO! If churches want to become "political pulpits" they can give up their tax-exempt status. Can you just imagine the political money that would be funneled through churches if this were allowed?

Remember; being given a tax-exempt status is, in essence, a form of tax subsidy(everyone else has to pick up the slack).


19 posted on 03/04/2005 7:33:44 AM PST by 4thInfVet (Howard Dean, the gift that keeps on giving!)
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To: Joe.E.Sixpack

The simplest way to deal with this is for us to pass the FairTax bill which will completely end the income tax, dismantle the IRS and completely remove ALL of our churches and nonprofits from the government's unrighteous scrutiny permanently.

We also need to repeal the 16th Amendment to the U.S. Constitution. Congressman Steve King has a bill in the House RIGHT NOW that begins that process.

We also need TRUE campaign finance reform: Remove the caps on how much an individual can give to a candidate and demand full reporting...on the internet for all to see.

THIS is the way to restore religious and political freedom in America.


20 posted on 03/04/2005 7:39:56 AM PST by EternalVigilance (Freedom. Brought to you by the grace of God and the Red, White and Blue...)
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