Define politically active. Just because they speak for or against a social issue that has been adopted as a political issue does not make them politically active to me. No different than PETA which I believe is also tax exempt. Now, if a pastor, during a sermon, endorses a political candidate, I would say that is partisian and I am uncomfortable with that. But, isn't that already prohibited? And I think it is prohibited for all tax exempt organizations. Churches, PETA, whatever.
this is what the law says: " ■ the organization must be organized and operated exclusively for religious, educational, scientific, or other charitable purposes, ■ net earnings may not inure to the benefit of any private individual or shareholder, ■ no substantial part of its activity may be attempting to influence legislation, ■ the organization may not intervene in political campaigns, and ■ the organization’s purposes and activities may not be illegal or violate fundamental public policy. " from here: http://www.irs.gov/pub/irs-pdf/p1828.pdf I'd say that several churches violated this on the gay marriage stuff in CA (but I am not an expert). here is why I think that: " Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive offices), or by the public in a referendum, ballot initiative, constitutional amendment, or similar procedure. It does not include actions by executive, judicial, or administrative bodies. " To me that is a very clear violation (but again I am not an expert).
I have to see exactly who gave money to what and who did what and in what capacity. The Mormon Church doing it would be a problem to me. A bunch of Mormons getting together and doing it would not. It is the same thing in that the National Gay and Lesbian Task Force cannot be political but the Gay and Lesbian Victory Fund can.
Perhaps this is why some groups attempt to politicize social issues- they think by doing so they can scare a church from getting involved in the issue. Personally, I would take offense if my priest tried to tell me who I should or shouldn't vote for...that's not what I go to hear. On the other hand, I certainly have no objection to clarification on the Church's stance on a social issue.
As for the "no substantial part of its activity may be attempting to influence legislation,", the IRS says this: Whether a church’s or religious organization’s attempts to influence legislation constitute a substantial part of its overall activities is determined on the basis of all the pertinent facts and circumstances in each case. The IRS considers a variety of factors, including the time devoted (by both compensated and volunteer workers) and the expenditures devoted by the organization to the activity, when determining whether the lobbying activity is substantial. Quite a gray area but I think that whatever lobbying the Mormon church did as an official Church for Prop 8 would not be a substantial part of what they did as a Church overall.
And keep in mind that they absolutely could give a sermon every minute of every day against gay marriage as it is a social issue whether it happens to be on a ballot somewhere or not.
With today's political climate and a new crop a judges coming in churches would be well advised to back off the political stuff. (writing on the wall)
If that is the kind of judges we will have, then a lot of us will not be able to express our opinions (writing on the wall). That is a pity. It was a nice 200 plus year experiment in free speech.
They can speak all they want, they just can't get the tax break. This is not a free speech issue it is a taxation issue.
So, no organization gets a tax break if they speak out on a moral or social issue? That pretty much does away with every tax exempt organization in the United States.
Speaking out = one thing organizing fund drives and get out the vote campaigns= another. Also speaking out avidly while the particular issue is on the ballot and telling believers to vote in a certain way crosses the line. Parsing it as just talking about social issues may have worked under Bush but it may not fly to far into 2009.
The seperation issue is to prevent government from imposing religion, not to prevent it. Speak from the pulpit? Thats ok in my book. A state mandating an opinion? Not ok.
So no organizations that get out the vote can be tax exempt and no organizations that have fund drives can be tax exempt and no organizations that speak out on an issue on a ballot can be tax exempt? Again, that eliminates most tax exempt organizations.
If they have fund raising drives for something that is a political issue then they should be taxed on those funds only, dont forget that even the church has a right to hold political views, you could of course do what Henry VIII did when a certain church refused to give him a break LOL
2 things 1. yes there are limits on political speech from non-profits 2. churches are in a special category distinct from other non-profits.
It's also the greatest assualt on Freedom of Speech ever!! If there were trully a market for liberal ramblings the people would have supported it...it wouldn't have to be subsidized and controlled by the government. Is Air America next in line for the bailout??