Thursday, October 4, 2012

Pulpit Freedom Sunday to Again Challenge Political Campaign Prohibition

Over 1,300 religious leaders are prepared to deliberately violate the section 501(c)(3) prohibition on political campaign activity this Sunday, October 7, 2012, by endorsing or opposing a political candidate for public office from their pulpits.  Sponsored by the Alliance Defending Freedom, the purpose of Pulpit Freedom Sunday is to openly exercise their claimed First Amendment freedom of religious expression, which participants claim is violated by the "1954 Johnson Amendment" to section 501(c)(3).  Since its origination in 2008, the Alliance has sought a test case that can be brought to the U.S. Supreme Court, with the desired result of the Johnson Amendment being declared unconsitutional as to churches.

However, the IRS is presently unable to adequately respond to participant churches hoping for the commencement of a legal battle over the statutory prohibition.  As reported by the Daily Tax Report, the proposed regulations to the church tax inquiry rules under section 7611 have not yet been finalized to name the IRS official responsible to carry out the statutorily prescribed inquiry rules.  The current proposed regulations would name the IRS Director of Exempt Organizations, a position currently held by Lois Lerner.

For additional perspectives and opinions on Pulpit Freedom Sunday, see the following:

Steve Siebold, "Pulpit Freedom Sunday - Should the Church be Tax-Exempt?"  (Huffington Post's The Blog)

Meredith Bennett-Smith, "Pastors to Challenge IRS Ban on Political Speech with 'Pulpit Freedom Sunday'"  (Huffington Post, containing Fox News video)

NAM

 

http://lawprofessors.typepad.com/nonprofit/2012/10/pulpit-freedom-sunday-to-again-challenge-political-campaign-prohibition.html

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