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Emit

(11,213 posts)
Tue Sep 18, 2012, 04:42 PM Sep 2012

Obscuring the line between church and state?

Last edited Tue Sep 18, 2012, 11:31 PM - Edit history (1)

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39 replies = new reply since forum marked as read
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Obscuring the line between church and state? (Original Post) Emit Sep 2012 OP
so ya suppose that old man is going to do any fasting while he counts the cash? nt msongs Sep 2012 #1
hahaha! Emit Sep 2012 #2
You know, as a devout Christian myself liberalhistorian Sep 2012 #3
Amen! Emit Sep 2012 #4
You know, as a positive Atheist myself... Taverner Sep 2012 #15
I strongly agree cpwm17 Sep 2012 #16
america is NOT a theocracy. revoke their tax exemptions....NOW spanone Sep 2012 #5
+1 sarcasmo Sep 2012 #24
I watched the whole first video and about a third of the second SickOfTheOnePct Sep 2012 #6
I have never been a fan of politicking from the pulpit Emit Sep 2012 #12
You may not like it, but there is no violation here that I can see. cbayer Sep 2012 #7
Exactly SickOfTheOnePct Sep 2012 #8
True dat. WillowTree Sep 2012 #9
yes technically I realize that - the way they word things carefully to protect their tax exempt Emit Sep 2012 #10
Legally, it can be clear as a bell what they mean SickOfTheOnePct Sep 2012 #11
yes Emit Sep 2012 #13
We have to tread carefully here, because there are large congregations on our side who do very cbayer Sep 2012 #14
Well, if a church violates the law it shouldn't matter if they are on 'our' side or not Emit Sep 2012 #17
I don't disagree with you. The law has to be applied equally and both progressive and cbayer Sep 2012 #19
I agree, cbayer, I was a bit heavy-handed with my title Emit Sep 2012 #20
IMO, this is no different than the Nuns on Buses speaking at the DNC SickOfTheOnePct Sep 2012 #21
I see a difference Emit Sep 2012 #22
As you said yourself SickOfTheOnePct Sep 2012 #23
I concede (again, sigh) that the video is carefully constructed Emit Sep 2012 #25
Implying and advocating are two completely different things SickOfTheOnePct Sep 2012 #26
The website doesn't say to vote Republican nor for Romney... flyguyjake Sep 2012 #18
How could some video on the internet calling for 40 days of prayer possibly be Nye Bevan Sep 2012 #27
Couldn't a case be made for the language lonestarnot Sep 2012 #28
The law is what it is SickOfTheOnePct Sep 2012 #29
So the candidate's name must be expressly stated in print or spoken? lonestarnot Sep 2012 #30
Not just that, there has to be specific advocacy for a candidate or party SickOfTheOnePct Sep 2012 #31
According to the IRS website Emit Sep 2012 #32
Thank you Emit. We are on the same page. lonestarnot Sep 2012 #34
More from IRS Emit Sep 2012 #33
So must all seven prongs be met or a preponderance or what is the standard if you know. lonestarnot Sep 2012 #35
I think from the reading that these are just various points the IRS considers ~ Emit Sep 2012 #36
IMO this one should be looked at more closely. lonestarnot Sep 2012 #38
Yes, while the initial videos in the OP are careful not to break any rules Emit Sep 2012 #39
Will Chik-Fil-A participate? xfundy Sep 2012 #37

liberalhistorian

(20,818 posts)
3. You know, as a devout Christian myself
Tue Sep 18, 2012, 05:23 PM
Sep 2012

(albeit a progressive, liberal, social-justice-social-gospel-oriented one), I am SICK. TO. DEATH. of hearing the whining of too many Christians in this country about alleged "persecution" and "lack of freedom to worship" and "no religious liberty" and "religious liberty for others but not us" and "this was founded as a Christian nation", etc., etc., blahblahblah, yadayada. The very opposite is the case. You want to see Christians that are truly persecuted with little religious liberty? Try living in Iran or Saudi Arabia or China. And the fact that "Christians" in Tennessee, the Twin Cities, and several other parts of the country have denied or are attempting to deny the building of mosques, and are freaking out over the non-issue of alleged "Sharia Law" usage in this country, among many, many other things, never seems to register with them.

As long as THEY get to worship the way THEY want, that's all that counts. What they REALLY mean by the lack of "religious liberty" is that THEY aren't able to impose their own version of religion on everyone else. It's like white privilege or fish swimming in water, they don't realize just how religiously privileged they really are in this country. And that separation of church and state is not only absolutely constitutional, it is vital for a working, successful democracy. Attempts to maintain it are NOT religious "persecution" or some such horseshit.

 

Taverner

(55,476 posts)
15. You know, as a positive Atheist myself...
Tue Sep 18, 2012, 06:42 PM
Sep 2012

I agree 100%

Like I've said before, I would rather spend time with Social Justice Christians ANY DAY over Ayn Rand Atheists

SickOfTheOnePct

(7,290 posts)
6. I watched the whole first video and about a third of the second
Tue Sep 18, 2012, 06:10 PM
Sep 2012

where is the violation? Religious people have freedom of speech too, and there is nothing in the videos that I saw that comes even remotely close to violating tax exempt status.

Perhaps I'm misunderstanding, but are you saying that people of religious faith should just STFU when it comes to politics? If I'm misunderstanding, then I stand corrected, and perhaps you can clarify for me what you meant.

cbayer

(146,218 posts)
7. You may not like it, but there is no violation here that I can see.
Tue Sep 18, 2012, 06:12 PM
Sep 2012

There is some strong implications about what they want people to do, but as long as they don't endorse any candidates, they are within the laws that protect their tax exempt status. They are very careful to stay within those lines, imo.

SickOfTheOnePct

(7,290 posts)
8. Exactly
Tue Sep 18, 2012, 06:14 PM
Sep 2012

Not to mention the fact that individual clergy, acting outside of their official church roles (not the case here, obviously) are also free to make partisan declarations without endangering their church's tax exempt status.

Emit

(11,213 posts)
10. yes technically I realize that - the way they word things carefully to protect their tax exempt
Tue Sep 18, 2012, 06:26 PM
Sep 2012

status sly devils they are

it's that 'strong implication' where i see the fuzzy line

I mean, it's clear what they are doing - mobilizing against the muslimhumanistsecularistsdirtyatheistliberals

SickOfTheOnePct

(7,290 posts)
11. Legally, it can be clear as a bell what they mean
Tue Sep 18, 2012, 06:28 PM
Sep 2012

But unless they say outright to oppose the Democratic party or Obama, they're in the clear.

cbayer

(146,218 posts)
14. We have to tread carefully here, because there are large congregations on our side who do very
Tue Sep 18, 2012, 06:41 PM
Sep 2012

similar things. Well not the fasting, praying thing, but they do promote specific political ideologies. Some have been very important in causes for social justice and civil rights. Some have been active in the occupy movement. Do we want to shut them down?

Emit

(11,213 posts)
17. Well, if a church violates the law it shouldn't matter if they are on 'our' side or not
Tue Sep 18, 2012, 06:54 PM
Sep 2012

I'm for separation of church and state no matter the players



Here's an interesting list, including at least one reported alleged violation of a church advocating for Dems:

http://projectfairplay.org/legal/reports/

cbayer

(146,218 posts)
19. I don't disagree with you. The law has to be applied equally and both progressive and
Tue Sep 18, 2012, 06:59 PM
Sep 2012

regressive churches need to be very careful.

But this is not a separation issue as it is presented.

Thanks for the link.

Emit

(11,213 posts)
20. I agree, cbayer, I was a bit heavy-handed with my title
Tue Sep 18, 2012, 08:28 PM
Sep 2012

but the implication is clear, especially if you go through their materials list and see things like "Obama Administration Actions Affecting U.S. Religious Freedom," the upcoming America is in crisis telephone conferences with Bachmann and Santorum ( http://40daystosaveamerica.com/register.html ), and the "Urgent Call to Defend Our Religious Liberty" with Chuck Colson that reads :

The current administration is going to extreme measures to take away the values we, as Christians, hold dear. In light of recent events in Washington, Dr. Dobson and Chuck Colson discuss the issues of infringement of religious liberties and legislation being pushed through. There is a war at hand and it is time for us to stop sitting on the sidelines. Listen, be inspired and get involved!
http://www.drjamesdobson.org/Broadcasts/Broadcast?i=1d4221c6-9fb4-435e-aab9-6db687c04f67

It's all there.

SickOfTheOnePct

(7,290 posts)
21. IMO, this is no different than the Nuns on Buses speaking at the DNC
Tue Sep 18, 2012, 08:50 PM
Sep 2012

No harm, no foul in either case.

Emit

(11,213 posts)
22. I see a difference
Tue Sep 18, 2012, 10:46 PM
Sep 2012

As I understand, churches are not allowed to endorse or oppose a particular candidate or contribute to or use church resources advocating for one candidate over another, including free use of their church lists.

But pastors, clergy and nuns in the case of your example can speak about specific issues, and individually, they can endorse and/or support a member’s campaign but not with church resources or not as representatives of a particular church.

In this case of "40 Days to Save America" and other religious voter mobilizing efforts, including the "Pulpit Free Sunday" coming up in October, imho, they are walking a very thin line when they invite political discussion into the church and talk negatively about the candidate they don't like.

Here's more on Pulpit Free Sunday: http://projectfairplay.org/facts/debunking/

SickOfTheOnePct

(7,290 posts)
23. As you said yourself
Tue Sep 18, 2012, 10:51 PM
Sep 2012

"As I understand, churches are not allowed to endorse or oppose a particular candidate or contribute to or use church resources advocating for one candidate over another, including free use of their church lists. "

Nothing in the video does that and nothing indicates that the "40 Days to Save America" will do that. Churches are free to advocate for or against issues all day long, with no repercussions regarding their tax exempt status.

They are free to say "We disagree with President Obama on abortion rights and contraception". They aren't allowed to say "Vote against Obama" or "vote for Romney".

You seem to think it's a fine line, when really, it isn't. Unless they are outright and openly advocating, by name, for a particular party or candidate, they are not violating the law.

Emit

(11,213 posts)
25. I concede (again, sigh) that the video is carefully constructed
Tue Sep 18, 2012, 11:06 PM
Sep 2012

and does not violate the law.

But there's more there than the video I posted in the OP. Some of the content at their links in their Action section imply opposition toward Obama and the current administration. Yes, its implied, too - Save America from Obama! Regardless, they are careful in their ads not to cross the line. What happens in their churches, I don't know. Project Fair Play seems to feel similarly as I do about these sorts of things:

http://projectfairplay.org/facts/intro/


They may not be violating the law, but it's a fine line, imho. We will have to agree to disagree on this one. Thanks for playing, though, bye.

SickOfTheOnePct

(7,290 posts)
26. Implying and advocating are two completely different things
Tue Sep 18, 2012, 11:11 PM
Sep 2012

But yes, we'll agree to disagree. I see no problem with it at all.

 

flyguyjake

(492 posts)
18. The website doesn't say to vote Republican nor for Romney...
Tue Sep 18, 2012, 06:59 PM
Sep 2012

There is options to choose to register with Democrats and/or Republicans. It's actually non-partisan no?

Nye Bevan

(25,406 posts)
27. How could some video on the internet calling for 40 days of prayer possibly be
Tue Sep 18, 2012, 11:25 PM
Sep 2012

"a violation of {the separation of} church and state"?

A video on Youtube is not forced prayer in public schools, or crucifixes on public land.

 

lonestarnot

(77,097 posts)
28. Couldn't a case be made for the language
Tue Sep 18, 2012, 11:35 PM
Sep 2012

"make a difference" "difference" is not the status quo therefore notwithstanding naming a candidates name, the subtle technique to influence for whom to vote is present.

SickOfTheOnePct

(7,290 posts)
29. The law is what it is
Tue Sep 18, 2012, 11:39 PM
Sep 2012

Without an explicit call to vote for or against a party or a candidate, there is no violation.

Why do people get so worked up over religious people talking about politics or advocating for issues, when they're clearly within the bounds of the tax laws?

SickOfTheOnePct

(7,290 posts)
31. Not just that, there has to be specific advocacy for a candidate or party
Tue Sep 18, 2012, 11:48 PM
Sep 2012

Churches are free to advocate for or against policies, laws, etc. Churches can say they oppose or support a candidates stand on a issue, they can say the oppose or support a candidate's policy, etc.

What they can't do is specifically, in their official roles, tell parishioners to vote for or against a candidate or party. Outside of their official role, in either private or public, they are permitted to say that they will vote for/against a candidate or party, and they can campaign for or against candidates or parties, again, outside of their official roles.

Emit

(11,213 posts)
32. According to the IRS website
Wed Sep 19, 2012, 12:02 AM
Sep 2012
...Political campaign intervention includes any and all activities that favor or oppose one or more candidates for public office. ...
It also reads:

...Distributing statements prepared by others that favor or oppose any candidate for public office will also violate the prohibition. (...) voter education or registration activities conducted in a biased manner that favors (or opposes) one or more candidates is prohibited.


and, more to your point:

Under federal tax law, section 501(c)(3) organizations may take positions on public policy issues, including issues that divide candidates in an election for public office. However, section 501(c)(3) organizations must avoid any issue advocacy that functions as political campaign intervention. Even if a statement does not expressly tell an audience to vote for or against a specific candidate, an organization delivering the statement is at risk of violating the political campaign intervention prohibition if there is any message favoring or opposing a candidate. A statement can identify a candidate not only by stating the candidate’s name but also by other means such as showing a picture of the candidate, referring to political party affiliations, or other distinctive features of a candidate’s platform or biography. All the facts and circumstances need to be considered to determine if the advocacy is political campaign intervention.
http://www.irs.gov/uac/Election-Year-Activities-and-the-Prohibition-on-Political-Campaign-Intervention-for-Section-501(c)(3)-Organizations

In this case, from the website, they have several links to materials that appear to oppose Obama or this current administration. I think it's a fine line. Implied versus explicity stated I think is the key.

Emit

(11,213 posts)
33. More from IRS
Wed Sep 19, 2012, 12:16 AM
Sep 2012
Key factors in determining whether a communication results in political campaign intervention include the following:
• Whether the statement identifies one or more candidates for a given public office;
• Whether the statement expresses approval or disapproval for one or more candidates’ positions and/or actions;
• Whether the statement is delivered close in time to the election;
• Whether the statement makes reference to voting or an election;
• Whether the issue addressed in the communication has been raised as an issue distinguishing candidates for a given office;
• Whether the communication is part of an ongoing series of communications by the organization on the same issue that are made independent of the timing of any election; and
• Whether the timing of the communication and identification of the candidate are related to a non-electoral event such as a scheduled vote on specific legislation by an officeholder who also happens to be a candidate for public office.

A communication is particularly at risk of political campaign intervention when it makes reference to candidates or voting in a specific upcoming election. Nevertheless, the communication must still be considered in context before arriving at any conclusions.


...If an organization posts something on its web site that favors or opposes a candidate for public office, the organization will be treated the same as if it distributed printed material, oral statements or broadcasts that favored or opposed a candidate. ...
http://www.irs.gov/uac/Election-Year-Activities-and-the-Prohibition-on-Political-Campaign-Intervention-for-Section-501(c)(3)-Organizations


Hmmmm....

Emit

(11,213 posts)
36. I think from the reading that these are just various points the IRS considers ~
Wed Sep 19, 2012, 12:33 AM
Sep 2012

when they are investigating.


All the facts and circumstances need to be considered to determine if the advocacy is political campaign intervention.


What I take away from the reading is that they will investigate based on any one of these key factors if they apply, with not necessarily all needing to be met.


Emit

(11,213 posts)
39. Yes, while the initial videos in the OP are careful not to break any rules
Wed Sep 19, 2012, 01:21 AM
Sep 2012

the content of action materials as well as the content at the various links sure look to be in clear violation. Here is their current newsletter directly linked from their main page: http://www.40daystosaveamerica.com/


September 5, 2012

Platforms Disclose Differences On Issues That Should Concern Christians

The platforms adopted by the National Nominating Conventions of the Democratic and Republican Parties reveal a huge gulf between them on issues of concern to most Christians.

It’s often said that party platforms are meaningless – empty rhetoric and election-year sloganeering to snare unwary voters. This is an injustice to both political parties. While all of a party’s promises aren’t enacted into law, platforms do provide a general guide to how a party will govern if its presidential candidate is elected.

Party platforms are often reflected in cabinet and judicial appointments, as well as in policy initiatives. We ignore the promises – and threats – in party platforms to our peril.

On three issues which committed Christian care about deeply, the contrast between the major parties could not be more vivid.

Abortion

Democrats pledge unhampered access to abortion under the rubric of a “woman’s right to choose.” They maintain this is an intensely personal decision on which no restrictions should be placed. They also support continued public funding of abortion providers, such as Panned Parenthood. Finally, they support the contraceptive mandate in Obamacare.

Republicans declare that the right to life, including the lives of the unborn, is one of the “self-evident truths enshrined in the Declaration of Independence.” Consequently, their platform supports the Human Life Amendment to the U.S. Constitution. They oppose the use of public revenues to promote abortion, support the appointment of judges who will defend human life at every stage, and “salute the many states that have passed laws for informed consent, mandatory waiting periods and health-protective clinic regulation.”

Marriage

Democrats offered their “first formal support for same-sex marriage rights.” Thus, they favor repeal of the Federal Defense of Marriage Act, which would force states to recognize homosexual “marriages” contracted elsewhere and pledged to continue to oppose a federal constitutional amendment defining marriage as the union of a man and a woman.

Republicans affirmed the right of states and the federal government not to have a “court-ordered re-definition of marriage” forced upon them. It described said judicial activism as “an assault on the foundations of our society, which, for thousands of years in virtually every civilization, has been entrusted with the rearing of children and the transmission of cultural values.”

Further, they support DOMA, describe the president’s refusal to defend the law in court as “making a mockery of … (his) inaugural oath,” and proclaim their support for a marriage amendment to the U.S. Constitution.

First Amendment Freedom of Religion

After pledging their support for abortion-on-demand (including public funding) and requiring religious institutions to provide contraceptives and abortion-inducing drugs through their health care coverage, Democrats affirmed their support for religious freedom, including “the freedom of churches and other religious entities to decide how to administer marriage as a religious sacrament without government interference.”

Republicans pledged “to respect the religious beliefs and rights of conscience of all Americans and to safeguard the independence of their institutions from government.” They also voiced support for repeal of the contraceptive mandate, public display of The Ten Commandments (as “part of our country’s Judeo-Christian heritage”) prayer at public-school events, and the Boy Scouts right to freedom of association.

Space does not permit contrasting the Democrats’ and Republicans’ respective positions on other vital issues, including taxes, deficit spending, immigration and gun ownership.

I urge you to scrutinize and contrast their positions on these and other matters by examining their platforms directly.

Click here for the 2012 Democratic Platform and here for the 2012 Republican platform.

A party’s platform is a pledge, a promise, a vision and, in a way, a contract. Christians should take them seriously.

Click here to sign up for 40 Days to Save America and receive conference call notices, updates and additional information.
http://40daystosaveamerica.com/newsletter.html

xfundy

(5,105 posts)
37. Will Chik-Fil-A participate?
Wed Sep 19, 2012, 12:33 AM
Sep 2012

In order to help these "gentle christians" stick to their fast, closing their doors for 40 days would really show their commitment to this "righteous" cause.

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