Support for pulpit politicking is reckless and misguided Commentary
Support for pulpit politicking is reckless and misguided
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Rob Boston [senior policy analyst, Americans United for Separation of Church and State]: "Several of the pastors who took part in the so-called "Pulpit Freedom Sunday" have been arguing that they have a free speech and freedom of religion right to endorse or oppose candidates from the pulpit. They do – but only if they give up their tax exemption first.

Tax exemption is a benefit, not a constitutional right. It comes with conditions. One of those conditions is a ban on partisan politicking. Tax-exempt groups and houses of worship exist for charitable purposes; their work is not supposed to be political. A church that wants to be political has the option of surrendering its tax exemption.

The law-breaking pastors seem to want all the benefits of tax exemption without meeting any of its conditions. They have been prodded by the Alliance Defense Fund (ADF) to break the law, and that puts them in a dangerous place. They could very well lose their tax-exempt status.

The ADF insists it will defend in court any church that loses it tax exemption. I wonder if these pastors know that precedent is not on their side. In 2000, the U.S. Court of Appeals for the District of Columbia ruled unanimously that the Internal Revenue Service acted within its rights when it revoked the tax-exemption of a New York church that ran a newspaper ad attacking Bill Clinton. In Branch Ministries v. Rosotti, the court rejected arguments based on free speech and freedom of religion.

Houses of worship have great freedom in America. Pastors can speak out on issues with no fear. But they must stop short of endorsing or opposing candidates. All 501 (c)(3) organizations – religious and secular – must abide by this rule. It is a reasonable one that keeps our churches, charities and educational groups focused on matters that are not partisan in character and prevents them from acting like political action committees.

The ADF's recent stunt is reckless and misguided. The pastors who took part may come to rue that decision."

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