DOES U.S. LAW MUTE VOICES OF CHURCHES?: From the Christian Science Monitor

...More than 130 members of the US House of Representatives want to amend the law that prohibits partisan activity--such as political rallies, fundraisers, distribution of political literature, and direct endorsements from the pulpit--by pastors and houses of worship. They hope to do this by inserting a provision into a bill that is already before a House-Senate conference committee--thus avoiding public debate or votes in either body.

Supporters say the provision is needed to restore free speech to religious leaders. Barring political endorsements from the pulpit curtails the First Amendment rights of pastors, they say.

But opponents argue that it would turn houses of worship into campaign vehicles and possibly reshape the America's religious and political landscapes in harmful ways. They worry that political endorsements could divide churches, lead to reconfiguring memberships along political lines, adulterate their spiritual purpose and prophetic role as societal consciences, and even perhaps turn their coffers into unregulated channels for campaign financing. ...

"Free speech is a completely bogus argument," says Robert Tuttle, professor at George Washington University Law School. "The government isn't telling religious leaders they can't talk about anything they want to; it says if you choose to engage in political activity, you are going to be treated under a certain set of rules."

Under current rules, clergy may discuss any issues of public concern during sermons, and houses of worship can engage in civic education and voter-registration activities that are nonpartisan. Clergy may even endorse candidates as individuals. But religious organizations and leaders--as their representatives--may not engage in any partisan political activity.

The ban on electioneering comes from a provision in the Internal Revenue Service code that prohibits tax-exempt organizations from endorsing or opposing political candidates. Such 501(c)(3) groups pay no income tax and can receive tax-deductible contributions. ...

A group in Johnson County, Kan., however, sparked an uproar in July by sending volunteers to check on local clergy. The Mainstream Coalition--a group active in public education--took the step when a local preacher organized other clergy to defeat candidates who voted against a state amendment banning same-sex marriage.

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posted by Eve at 1:37 PM | link

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