Pulpit Freedom Sunday - Where From Here?

"Pulpit Freedom Sunday" took off last week when ministers around the country endorsed their presidential candidate of choice, openly violating IRS rules that prohibit a non-profit 501c3 from engaging in political participation.  Calvin Massey explains why the IRS rules may be unconstitutional over at The Faculty Lounge. 

But American's United say the rules are necessary to uphold the separation of church from state, and reported six churches who participated in the event to the IRS.  No word yet on whether the feds will take action, but here's the prepared press statement the IRS released previously: 

We are aware of recent press reports, and will monitor the situation and take action as appropriate.

Information about the applicable rules on political activity, including the IRS's work in this area since 2004, is on the IRS Web site

"Education has been and remains the first goal of the IRS's program on political activity by tax-exempt organizations," said Lois G. Lerner, director of the IRS Exempt Organizations Division.

The prohibition on political intervention by 501(c)(3) organizations was enacted by Congress more than 50 years ago, and the statute has previously been upheld by the courts. See Branch Ministries v. Rossotti, 211 F.3d 137 (D.C. Cir. 2000). The IRS will continue to handle all allegations about political intervention this election year through its Political Activities Compliance Initiative (PACI).

-Kathleen A. Bergin