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Thursday, July 15, 2004
CHURCHES LEARN IRS DO'S, DON'TS: From the Kansas City Star
Dennis Slavens thinks he now has a better understanding of how far he and his fellow clergy can go when talking politics. "I think we have more rights than what we recognize," the pastor of the Antioch Family Worship Center said after a meeting Wednesday in Overland Park. The issue has been contentious in Johnson County, where some ministers are calling on churches to participate more in politics and a political group has begun monitoring church services to look for possible legal missteps. And it has been contentious across the nation, amid reports that Bush-Cheney re-election workers are seeking campaign help from religious groups. ... But for the most part, according to the IRS, churches and other tax-exempt organizations cannot participate in any campaign on behalf of, or in opposition to, any candidate for public office. Those organizations cannot endorse candidates, make donations to their campaigns, engage in fund raising or become involved in any other activities that may be beneficial or detrimental to any candidate, the IRS says. But, as Miller pointed out, the law doesn't prohibit ministers from speaking out. They can address political issues from the pulpit, he said. And, as individuals, they can endorse candidates away from their church, such as in advertisements, he said. Here are some examples of what churches can and cannot do, according to the IRS: Speaking from the pulpit about issues such as same-sex marriage is acceptable. But during a church service, a religious leader cannot urge the congregation to vote for a specific political candidate. Inviting a candidate to speak at a church is OK. But the church must provide an equal opportunity to other candidates seeking the same office. Holding a forum at church and asking candidates to speak is fine, but not if the forum is operated to show a bias for or against any candidate. Tax laws lie behind the IRS standards. Organizations such as churches that benefit from their tax-free status face certain rules that do not apply to taxable groups. One of the laws, about a half-century old, pertains to politicking. Several weeks ago the Internal Revenue Service sent a letter to major political parties, including the Democratic and Republican national committees, advising them of the law and the role groups such as churches can play in political debate. "Organizations may encourage people to participate in the electoral process by sponsoring debates or forums to educate voters, distributing voter guides, or conducting voter registration or get-out-the-vote drives," the letter said. If those activities show a preference for or against a certain candidate or party, however, "it becomes a prohibited activity." Churches that violate the law face penalties, including the potential loss of their tax-exempt status. That happened several years ago to a church in New York. more |
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