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The United States is a secular nation. Period. (Original Post) riqster Feb 2013 OP
All I want is a burka for Christmas!! La, La, La, La, Puzzledtraveller Feb 2013 #1
Oh, the fun we could have rewriting Christmas songs for other faiths riqster Feb 2013 #2
Why would atheists celebrate Christmas? HappyMe Feb 2013 #7
For the gifts, dummy! Jeff In Milwaukee Feb 2013 #10
Here's one! Still Blue in PDX Feb 2013 #23
Not to cause a resurgence of the (theoretical) war on Christmas, but . . . Still Blue in PDX Feb 2013 #27
Here's one from Tom Lehrer riqster Feb 2013 #28
Then why are businesses required to accommodate religious objection as practical? ProgressiveProfessor Feb 2013 #3
Are you saying the United States is NOT a secular nation? MNBrewer Feb 2013 #4
Its a hybrid, mostly historical roots ProgressiveProfessor Feb 2013 #9
Do, Please, Sir, Expound Further On This.... The Magistrate Feb 2013 #5
It depends on the level and degree ProgressiveProfessor Feb 2013 #12
That Does Not Advance The Conversation, Professor.... The Magistrate Feb 2013 #13
Tax exempt status has nothing to do with "reasonable accommodation to popular feelings" ProgressiveProfessor Feb 2013 #16
If You Think It Has Nothing To Do with Popular Feelings, Professor The Magistrate Feb 2013 #18
Churches are considered charities under the tax code Jeff In Milwaukee Feb 2013 #11
That is mostly a legacy from medieval times ProgressiveProfessor Feb 2013 #14
Not really... Jeff In Milwaukee Feb 2013 #17
Further to this I believe the lack of taxation is seen as part of the separation of Church and State ieoeja Feb 2013 #39
Yes - But some of them cross the line regularly Jeff In Milwaukee Feb 2013 #41
Because the 1st amendment establishes freedom of religion. cbayer Feb 2013 #22
That only applies to the government not private individuals ProgressiveProfessor Feb 2013 #24
What only applies to government? Non-profit status applies to all non-profit cbayer Feb 2013 #29
Agree with lax IRS enforcement of the 501(c)3 standards. pinto Feb 2013 #31
Localities can control Costco much more than a churches ProgressiveProfessor Feb 2013 #33
What has it done to neighborhoods, for better or worse? pinto Feb 2013 #38
I generally believe that even non-profits should pay their fair share of community costs ProgressiveProfessor Feb 2013 #40
Exempt Purposes - Internal Revenue Code Section 501(c)(3) pinto Feb 2013 #30
That exemption is also extended to property taxes in most jurisdictions ProgressiveProfessor Feb 2013 #34
Yeah.....and? HappyMe Feb 2013 #6
You must teach me, George Michael. You must teach me the ways of the secular flesh. nt Tommy_Carcetti Feb 2013 #8
The nation is, but a lot of the people aren't slackmaster Feb 2013 #15
Another clue: the US census magellan Feb 2013 #19
One side of my ancestry got here in 1774, the rest in the 1800's riqster Feb 2013 #20
I hear you magellan Feb 2013 #21
Same here on the French side riqster Feb 2013 #25
Certainly. I would be outraged if Congress passed a law respecting the establishment of religion, Nye Bevan Feb 2013 #26
Constitutionally it is decidedly neutral in regards religion. Neither supporting nor obstructing. pinto Feb 2013 #32
Correct. riqster Feb 2013 #35
Yet we have Federal laws like RLUIPA ProgressiveProfessor Feb 2013 #36
I'm unfamiliar with RLUIPA, but for background found this via Wikipedia, fwiw - pinto Feb 2013 #37
Which is exactly why I'm 10000% against a new constitutional convention. Initech Feb 2013 #42
Fuckin' hell, NO! riqster Feb 2013 #43

Jeff In Milwaukee

(13,992 posts)
10. For the gifts, dummy!
Thu Feb 28, 2013, 12:23 PM
Feb 2013

You want your holiday swag!

On a more serious note, I'm not an atheist, but I personally think that setting aside one day a year to celebrate "peace on earth" isn't such a bad idea. We can go back to killing each other the other 364 days of the year.

Still Blue in PDX

(1,999 posts)
23. Here's one!
Thu Feb 28, 2013, 03:03 PM
Feb 2013

There are pagan overtones in many traditional Christmas songs, but here's "Santa Claus is Pagan, Too."

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Still Blue in PDX

(1,999 posts)
27. Not to cause a resurgence of the (theoretical) war on Christmas, but . . .
Thu Feb 28, 2013, 03:12 PM
Feb 2013

Why Christmas carols make the church feel nervous
Some Christmas songs have origins that go back to pagan times.

Christmas wouldn’t be Christmas without the sound of carols, but we often forget that in centuries past it made the Christian church feel slightly uncomfortable. In the early thirteenth century, St Francis wrote some hymns on the theme of the nativity which were decorously sung as part of the liturgy, but the more rumbustious musical celebration of Christmas has always taken place as much outside church as inside it.

Many of the oldest examples, for example, the anonymous The Holly and the Ivy, The Twelve Days of Christmas or the Boar’s Head Carol, probably have pagan origins in ritual fertility dances and singing games which the more puritanical wing of the Reformation did not approve of. Oliver Cromwell went so far as to ban carol singing during the latter years of the Commonwealth, although this proved about as effective as Labour’s hunting ban, and was swiftly rescinded.

http://www.telegraph.co.uk/topics/christmas/6827563/Why-Christmas-carols-make-the-church-feel-nervous.html

ProgressiveProfessor

(22,144 posts)
3. Then why are businesses required to accommodate religious objection as practical?
Thu Feb 28, 2013, 12:11 PM
Feb 2013

Why are churches tax exempt?
Why are churches allowed to create public nuisances that others are not?

If we were truly secular we would strip that from our laws and make them act like every other business.

ProgressiveProfessor

(22,144 posts)
9. Its a hybrid, mostly historical roots
Thu Feb 28, 2013, 12:22 PM
Feb 2013

There is no official religion, but until recently it was Christmas and Easter break. There are many other examples. Clearly some religions are treated better and respected more than others.

The Magistrate

(95,247 posts)
5. Do, Please, Sir, Expound Further On This....
Thu Feb 28, 2013, 12:15 PM
Feb 2013

There is no contradiction in a secular government's making reasonable accommodation to popular feelings and individual conscience.

ProgressiveProfessor

(22,144 posts)
16. Tax exempt status has nothing to do with "reasonable accommodation to popular feelings"
Thu Feb 28, 2013, 12:40 PM
Feb 2013

Neither do the public nuisance aspects. Forced accommodation by the government, including lifting of zoning restrictions allows infringement on the rights of others. Additionally clearly some religions are more favored than others.

Those reasonable accommodations are one of the why women's reproductive health care is spotty in some states, and other active forms of discrimination.

The Magistrate

(95,247 posts)
18. If You Think It Has Nothing To Do with Popular Feelings, Professor
Thu Feb 28, 2013, 12:59 PM
Feb 2013

Try pressing for treating churches like any other property-owning corporation with an income.

Zoning restrictions are altered for a great many interests, often over the disagreement of persons living near-by. That what may be done for liquor stores or dry cleaners or strip mall developers may occasionally be done for a pastor hardly suffices to demonstrate a governing authority is not secular in nature.

That accommodation for popular feeling can result in discriminatory practices, and other outcomes I and others might not personally favor, does not affect the point under discussion, which is whether contradiction exists when a secular government makes some accommodation to popular feelings and personal conscience.

Jeff In Milwaukee

(13,992 posts)
11. Churches are considered charities under the tax code
Thu Feb 28, 2013, 12:26 PM
Feb 2013

Now one could certainly argue that churches do not engage in sufficient charitable activity to warrant their tax exempt status, but their status as charities is the fundamental reason why they're exempt.

ProgressiveProfessor

(22,144 posts)
14. That is mostly a legacy from medieval times
Thu Feb 28, 2013, 12:31 PM
Feb 2013

There is no requirement for charitable activities, just an assumption

Churches place demands on public resources and do not cover the the costs they incur

Jeff In Milwaukee

(13,992 posts)
17. Not really...
Thu Feb 28, 2013, 12:47 PM
Feb 2013

The tax code assumes that churches conduct charitable activities, and in both the past and the present, that has been the case. If you have a St. Somebody hospital in your hometown, that's a reflection of the fact that up until about 30-40 years, healthcare in the country was provided primarily by church-run institutions. To this day, the Catholic Church operates some 600 non-profit hospitals in the United States. It's probable that St. Sombody is either part of a faith-based healthcare system or is not a secular non-profit that started out as a church-run institution.

Beyond the "big stuff" like health care, churches provide a host community services. I can't speak for every congregation in the United States, but mine supports several free clinics in the urban core of Milwaukee and a farming community in El Salvador. We support a senior center and provide financial assistance to the local food pantry and halfway house for recovering addicts. We have a group of quilters who create several dozen quilts each year that are shipped to third-world countries, and there's a litany of smaller initiatives that come and go throughout the year.

That being said, does the value of the services provided by my congregation (and every other congregation) AT LEAST EQUAL the tax exemption that they receive from the government? That's a fair question that should be answered.

 

ieoeja

(9,748 posts)
39. Further to this I believe the lack of taxation is seen as part of the separation of Church and State
Thu Feb 28, 2013, 04:16 PM
Feb 2013

A Church is not allowed to support/oppose political candidates. And they are not taxed. Two sides of the same coin.


Jeff In Milwaukee

(13,992 posts)
41. Yes - But some of them cross the line regularly
Thu Feb 28, 2013, 05:01 PM
Feb 2013

Something really should be done about that. I don't know how some of the churches get away with it.

My congregation has always maintained strict neutrality. We don't even put up signs for the school levy, even these are (supposed to be) non-partisan referendums.

cbayer

(146,218 posts)
22. Because the 1st amendment establishes freedom of religion.
Thu Feb 28, 2013, 02:50 PM
Feb 2013

That is, it states that individuals will not be prohibited from practicing their own religious beliefs. To do otherwise would be to discriminate against people because of their religion.

Churches are tax exempt because they are non-profit organizations. They have the same tax exempt status as other 501(3)c organizations.

This has nothing to do with the secular nature of the government.

I have no idea what you mean about "public nuisances".

ProgressiveProfessor

(22,144 posts)
24. That only applies to the government not private individuals
Thu Feb 28, 2013, 03:06 PM
Feb 2013

Churches and other non-taxed entities use public services and do not cover the cost of them. Is that appropriate or fair? The churches special status started well before 501(3)c was codified.

As for the public nuisance part, ask the people around any mega church.

cbayer

(146,218 posts)
29. What only applies to government? Non-profit status applies to all non-profit
Thu Feb 28, 2013, 03:22 PM
Feb 2013

organizations, including churches.

What special status are you referring to? The only difference is in paperwork requirements, which I would agree is problematic.

The problem, imo, lies with the IRS and their lax enforcement of the current rules. Some churches are clearly not non-profit and that should not stand. Others violate the rules about advocating for specific candidates and the IRS consistently ignores this.

Frankly, I find the areas around a Costco more of a public nuisance than a mega church.

pinto

(106,886 posts)
31. Agree with lax IRS enforcement of the 501(c)3 standards.
Thu Feb 28, 2013, 03:30 PM
Feb 2013

And I think the lapses occur across the 501(c)3 spectrum, not only in regards to churches.

ProgressiveProfessor

(22,144 posts)
33. Localities can control Costco much more than a churches
Thu Feb 28, 2013, 03:36 PM
Feb 2013

Are you aware of RLUIPA and what it has done to neighborhoods? http://en.wikipedia.org/wiki/Religious_Land_Use_and_Institutionalized_Persons_Act

The first amendment WRT religion, like much of the BOR only covers the government. It does not apply to individuals. For example, you do not have freedom of the speech, assembly, or religion on my property. I had to explain the last two to someone recently who wanted to force access to my homestead.

pinto

(106,886 posts)
38. What has it done to neighborhoods, for better or worse?
Thu Feb 28, 2013, 04:15 PM
Feb 2013

Is a church a significant imposition to a neighborhood? And what does any of it have to do with your personal property?

I guess I don't get your focus on land use issues.

ProgressiveProfessor

(22,144 posts)
40. I generally believe that even non-profits should pay their fair share of community costs
Thu Feb 28, 2013, 04:22 PM
Feb 2013

and right now in most places they, especially churches, do not. They add to peak loading though average low use. They bring noise into areas at a level where no one else is permitted.

I actually want them treated like any other business and not get special treatment like RLUIPA provides.

pinto

(106,886 posts)
30. Exempt Purposes - Internal Revenue Code Section 501(c)(3)
Thu Feb 28, 2013, 03:24 PM
Feb 2013

Exempt Purposes - Internal Revenue Code Section 501(c)(3)

The exempt purposes set forth in section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals. The term charitable is used in its generally accepted legal sense and includes relief of the poor, the distressed, or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.

Page Last Reviewed or Updated: 14-Jan-2013

http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations/Exempt-Purposes-Internal-Revenue-Code-Section-501(c)(3)

ProgressiveProfessor

(22,144 posts)
34. That exemption is also extended to property taxes in most jurisdictions
Thu Feb 28, 2013, 03:41 PM
Feb 2013

where they use resources that they do not contribute to. Police/Fire/Public Safety and Roads are examples of that. They are often sales tax exempt as well. In addition to no paying for services, that property is taken off the taxes rolls so there is loss of local revenue if a regular business was there instead.

The Federal income tax exemption does not bother me, provided they remain out of politics. Its the local taxes that are more of a concern and RLUIPA.

magellan

(13,257 posts)
19. Another clue: the US census
Thu Feb 28, 2013, 02:19 PM
Feb 2013

I have ancestors here and in Canada going back to before censuses were taken, and the one thing I've never found in a US federal census, starting with the 1790, is a religious question. While it's true that religious bodies are asked this question, individuals never have been - at least through 1940.

Not so in Canada, where there's no separation of church and state; the English monarch embodies both. Yet they've asked the religion question since the 1851 census.

I can't imagine why the founders weren't equally interested in knowing the religious makeup of the American people, if in fact they intended us to be a "Christian Nation" ... unless they felt that people's personal religious beliefs weren't within the purview of the government - which is pretty much made clear in the establishment clause.

And while we're at it, let's not forget the No Religious Test Clause, which covers "the Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States". Just another part of the Constitution that's ignored by the hysterical right at each election.

riqster

(13,986 posts)
20. One side of my ancestry got here in 1774, the rest in the 1800's
Thu Feb 28, 2013, 02:28 PM
Feb 2013

Religious refugees, all of them. This is a subject that has great personal significance for me.

magellan

(13,257 posts)
21. I hear you
Thu Feb 28, 2013, 02:45 PM
Feb 2013

Possible Huguenots in my family. I rather doubt all the various people who came to this country seeking religious freedom (and not all did by any means, but there were groups who did) would be happy with a new government unleashing that sort of persecution on others. They'd wonder when it might turn to them...and rightly so.

riqster

(13,986 posts)
25. Same here on the French side
Thu Feb 28, 2013, 03:08 PM
Feb 2013

The same situation on the Scot side, just a different label attached.

Nye Bevan

(25,406 posts)
26. Certainly. I would be outraged if Congress passed a law respecting the establishment of religion,
Thu Feb 28, 2013, 03:09 PM
Feb 2013

or prohibiting the free exercise of religion. And I would expect the courts to promptly overturn such a law.

pinto

(106,886 posts)
32. Constitutionally it is decidedly neutral in regards religion. Neither supporting nor obstructing.
Thu Feb 28, 2013, 03:33 PM
Feb 2013

pinto

(106,886 posts)
37. I'm unfamiliar with RLUIPA, but for background found this via Wikipedia, fwiw -
Thu Feb 28, 2013, 04:08 PM
Feb 2013
The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub.L. 106–274, codified as 42 U.S.C. § 2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use.

It was enacted by the United States Congress in 2000 to correct the problems of the Religious Freedom Restoration Act (RFRA) of 1993. The act was passed in both the House of Representatives and the Senate by unanimous consent in voice votes, meaning that no objection was raised to its passage, so no vote was taken.

Zoning and land use

In religious land use disputes, RLUIPA’s general rule is the most commonly cited and challenged section. It provides:

1. General rule. No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government can demonstrate that imposition of the burden on that person, assembly or institution

a. is in furtherance of a compelling governmental interest; and

b. is the least restrictive means of furthering that compelling governmental interest.

2 .Scope of Application. This subsection applies in any case in which—
a. the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability; or

b. the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or

c. the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.

42 U.S.C. § 2000cc-5(a).

During these disputes, the correct interpretation of the term “land use regulation” is almost always an issue. The statute defines “land use regulation” as “a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.”

42 U.S.C. § 2000cc-5(5).

http://en.wikipedia.org/wiki/Religious_Land_Use_and_Institutionalized_Persons_Act

Initech

(100,081 posts)
42. Which is exactly why I'm 10000% against a new constitutional convention.
Thu Feb 28, 2013, 09:32 PM
Feb 2013

If we open the constitution to rewrite, imagine the freepers and teabaggers getting their slimy hands on it. Religious freedom = gone. Replaced with a fundamentalist theocracy. You want that to happen?

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