Separation Anxiety: Darrell Issa, the IRS and the Future of Church and State

 

church and state

 

 

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Despite what Darrell Issa says, the IRS can and does do some good every once in a while.

 

For example, thanks to a recent agreement between the IRS and the Freedom From Religion Foundation (FFRF) a resolution was reached regarding an ongoing federal lawsuit regarding the non-enforcement of restrictions on political activity by tax-exempt religious organizations and churches.  The FFRF had brought forth the initial lawsuit after the 2012 presidential election, claiming that the IRS was willfully ignoring the ongoing involvement of churches in the political arena, something that would strip them of their tax-exempt 501(c)(3) status.  The agreement, reached on July 17, stated that the IRS would resolve the signature authority necessary to investigate churches as well as having adopted procedures in place for determining when and if investigations into churches were necessary.  This agreement, if followed, would eliminate the previous blanket policy of non-enforcement by the IRS in regard to political restrictions placed upon the churches.

 

FFRF Co-President Annie Laurie Gaylor said in a statement:

 

“This is a victory, and we’re pleased with this development in which the IRS has proved to our satisfaction that it now has in place a protocol to enforce its own anti-electioneering provisions.  Of course, we have the complication of a moratorium currently in place on any IRS investigations of any tax-exempt entities, church or otherwise, due to the congressional probe of the IRS.  FFRF could refile the suit if anti-electioneering provisions are not enforced in the future against rogue political churches.”

The suit was originally brought forth in 2012 after churches had repeatedly and blatantly defied the IRS by outwardly flaunting their political influence.  In what became known as Pulpit Freedom Sundays, church pastors would routinely disregard the established separation of church and state and would openly endorse one political candidate over another in their weekly sermons.  In addition to this particular inaction, the IRS had also been sued in 2009  after failing to designate officials to initiate church tax examinations despite being legally required to do so.  In the end, it became apparent that the IRS had repeatedly not been enforcing the laws to keep politics off the pulpit.

For proponents of a clear separation of church and state, this would appear to be a positive development ahead of the 2014 midterm elections.  Unfortunately, there remains a hiccup in enforcing the law, and that hiccup exists in the form of California congressman Darrell Issa.  Thanks to Issa and his ongoing witch hunt in trying to dig up the non-existent IRS scandal, there remains a moratorium for all IRS investigations.  Until that moratorium is lifted, the IRS will be unable to crack down on churches intentionally meandering into the political realm.  Knowing how valuable it is for Conservatives to preach politics from the pulpit, expect Issa and his fellow Congressional Republicans to continue the moratorium for as long as it takes for churches to keep violating the First Amendment as openly as possible.

The suit itself represents a positive direction for the country.  For too long now churches and places of worship have used their captive audiences to preach for and against people and ideas in the political realm.  Whether it was Catholics in the 1960s telling their worshipers to vote for Kennedy to churches in the 1990s strongly speaking against pro-choice candidates to the modern-day Pulpit Freedom Sundays used to push Conservative ideas ahead of the 2012 election, these churches and religious institutions have done everything in their power to convince their followers to support or not support a particular candidate based on his or her views on a certain issue.  Knowing how critical the devout religious voting bloc has been in this country, modern-day Conservatives have maintained a blind eye to the practice, seeing as the vast majority of the recent Pulpit Freedom Sundays have been done as a way to swing the vote towards the Republican Party.  We, as a nation, can only imagine the reaction from Conservatives if Muslim mosques all of a sudden began preaching on behalf of liberal views and candidates.  The reaction would be swift and spiteful to say the least.

In the year 2014, churches and their leaders are more than welcome to be involved in the political process.  A well-informed electorate is what makes a democracy thrive.  However, if they want to preach about political candidates, then they should have to give up their 501(c)(3) status.  Much like the groups that were allegedly “targeted” by the IRS, churches themselves are unable by law as a tax-exempt organization to support specific candidates.  If they want to make that part of their routine, then they should be expected to pay taxes and renounce their tax-exempt status.  If they don’t want to lose that tax-exemption, then they should be required to follow the laws set forth by the IRS.  Once the moratorium is lifted, then the IRS can finally get down to the business of ensuring a clear separation of church and state as our founders intended.

Unless of course, Darrell Issa has his way.


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