Monday, November 19, 2012

IRS Sued For Not Enforcing Ban On Political Endorsements By Churches

Posted by JacobSloan on November 18, 2012

Religious institutions should have had their tax-exempt status, which is contingent on not telling congregants how to vote, stripped a long time ago. This court case is largely symbolic, but hopefully it awakens discussion on this issue. The Freedom From Religion Foundation announces its legal action against the IRS:

The Freedom From Religion Foundation is taking the Internal Revenue Service to court over its failure to enforce electioneering restrictions against churches and religious organizations, calling it a violation of the Establishment Clause of the First Amendment and of FFRF’s equal protection rights. FFRF filed the lawsuit in U.S. District Court for the Western District of Wisconsin.

A widely circulated Bloomberg news article quoted Russell Renwicks, with the IRS’ Tax-Exempt and Government Entities division, saying the IRS has suspended tax audits of churches. Other sources claim the IRS hasn’t been auditing churches since 2009.

As many as 1,500 clergy reportedly violated the electioneering restrictions on Sunday, Oct. 7, 2012, notes FFRF’s legal complaint. The complaint also references “blatantly political” full-page ads running in the three Sundays leading up to the presidential elections by the Billy Graham Evangelical Association.

FFRF is asking the the federal court to enjoin IRS Commissioner Douglas Shulman from continuing “a policy of non-enforcement of the electioneering restrictions against churches and religious organizations.”


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