Religious law

[asterroc]

What's the law that forbids tax exempt religions from endorsing a political candidate? And how does that relate to the Catholic church barring candidates who support abortion, and people who vote for them, from the Eucharist?

Comments

[galbinus-caeli.livejournal.com]

1st amendment. Congress shall make no law respecting the establishment of religion...

Basically the thinking is that if something is taxed, than defacto it is regulated. Courts have chosen to interpret that to mean that churches operate outside the purview of government. Contra wise courts have said that churches are not allowed to try to influence government, and if a church tries to influence government it loses the taxation protection. (And also a large number of other government restrictions, such as discrimination protections.)

The Eucharist thing is seen to be a purely religious thing. Not something that has effect outside the walls of the church, and so is ignored by the government.

[framefolly.livejournal.com]

Not sure if this is what you mean, but if a religious organization sponsors a political candidate, then it cannot qualify as a 501(c)3 organization and must pay taxes. I'm not sure how it works if it denounces a political candidate. There's a lot of leeway in terms of freedoms of speech and religion, though.

[zandperl.livejournal.com]

Yep, that's what I was thinking of.

[framefolly.livejournal.com]

I recently wrote a paper on Trinity Broadcasting Network, a televangelist organization, and had to look some of this stuff up -- glad that my academic interests are not _entirely_ irrelevant to life in general, even though most of the time it feels like I'm just watching and talking about stuff that no one else knows ;) .

[zandperl.livejournal.com]

I think it's funny that you read our Netflix queue and can claim it's for work. FWIW, I've got "Time Machine" and T$'s got "Juno". :-P

[sammka.livejournal.com]

It can pretty much do anything short of telling people to go vote for a particular candidate.

But interestingly, this IRS document says on p. 339 that 501(c)(3)s can't actively intervene in a campaign to oppose a political candidate.

It later says, around page 345, that organizations cross the line when they stop talking about a particular issue (like pro-life policies) and start talking either directly or indirectly about a particular candidate or slate or candidates.

Churches have freedom of speech and religion, but freedom not to pay taxes isn't inherent in the First Amendment; it's a favor that the government does for certain kinds of organizations. There's no First Amendment right to say everything you want and remain tax-exempt.

Simply saying "this is how the candidates vote" and preaching about the evils of abortion is probably ok. Refusing communion to actual political figures for voting a certain way on legislation is okay because it has nothing to do with political campaigning. Refusing communion to people who vote for pro-choice people explicitly BECAUSE they're pro-choice is iffy, but probably okay. Refusing communion, or otherwise expressing opposition to, particular pro-choice candidates, and coercing your members not to vote for them, is apparently a clear violation.