* Evangelical ministers plan to endorse candidates
* Churches intentionally putting tax-exempt status at risk
* Catholic Church launches campaign against Obama
By Nanette Byrnes
June 21 Pastor Jim Garlow will stand before
congregants at his 2,000-seat Skyline Wesleyan Church in La
Mesa, California, on Sunday, Oct. 7, just weeks before the U.S.
presidential and congressional elections, and urge his flock to
vote for or against particular candidates.
He knows such pulpit pleading could endanger his church's
tax-exempt status by violating IRS rules for a 501(c)(3)
charitable organization. A charity can take a position on policy
issues but cannot act "on behalf of (or in opposition to) any
candidate for public office." To cross that line puts the $7
million mega-church's tax break at risk.
Even so, Garlow not only intends to break the rules, he also
plans to spend the next four months recruiting other pastors to
do the same as part of Pulpit Freedom Sunday. On that day each
year since 2008, ministers intentionally try to provoke the IRS.
Some even send DVD recordings of their sermons to the agency.
Last year, 539 pastors participated. This year organizers
expect far more. Participants want to force the matter to court
as a freedom of speech and religion issue.
"I believe we're on the early stages of the next great
awakening," Garlow told his congregation last year. "We're going
to see it just sweep across this nation."
The situation is fraught with peril for the IRS, which needs
to be seen as apolitical. When it cracks down on political
activities proscribed by the 501(c)(3) regulations, it is
inevitably branded as partisan.
When the target is a church, mosque or synagogue,
enforcement puts two fundamental American values at odds:
freedom of speech and the separation of church and state.
Although the agency has enforced the tax-exemption rules against
churches in the past, it has so far ignored the provocations of
The IRS has also been silent about the increasingly
aggressive political activity of the U.S. Catholic bishops, who
have called for their own Fortnight for Freedom this week.
Masses, rallies, and parish bulletins are being mobilized
against the Obama administration's healthcare regulations on
The result of agency inaction, according to tax experts and
former IRS staffers, will be a lot more electioneering by
leaders of the faithful, in local races as well as national, and
to the benefit of Democrats as well as Republicans.
"It will get worse unless the IRS takes action, and they
seem reluctant," said Nicholas Cafardi, dean emeritus and
professor of law at Duquesne University and the longtime lawyer
for the Catholic diocese of Pittsburgh.
Cafardi called the current state of affairs "toxic" in its
mingling of the two worlds. Many religious leaders do not
support the trend toward more political involvement by organized
religion and worry it will undercut their moral authority.
BILLIONS IN TITHES
The money involved is enormous. Combined, federal tax breaks
on donations to churches and exemptions from state and local
property taxes likely add up to something on the order of $25
billion in lost revenue each year.
Last year churches received $96 billion in tax-free
contributions, according to estimates compiled by the Center on
Philanthropy at Indiana University.
Unlike other types of charities, churches do not have to
file financial statements with the government. There are only
rough estimates of church endowment or investment income, which
is also tax-free and believed to be larger than annual
Using tax data from the U.S. Congress's Joint Committee on
Taxation and data on giving to churches from the Indiana Center,
a Reuters analysis found that tax breaks on church giving shaved
$12 billion or so from total U.S. tax collections in 2011 and
approximately $145 billion over the last decade.
The property tax break is probably even bigger. In their
2011 book "Politics, Taxes, and the Pulpit," law professors Nina
Crimm and Laurence Winer calculated that houses of worship
received $12.7 billion in property tax exemptions on $685
billion of property in 2006, a figure large enough to have
played a role in city and state budget deficits of recent years.
In big cities the numbers can be dramatic. New York City's
9,500 churches, synagogues, and mosques, for example, will avoid
$626.9 million in property taxes this year thanks to their
tax-free status, according to the city's Independent Budget
Like most of California, La Mesa, where Garlow's Skyline
Church is located, has suffered a steep drop in property tax
collections, forcing municipal staff cuts and a sales tax
Skyline's campus, which is assessed at $7.3 million and cost
a reported $27 million to build, is almost entirely tax-exempt,
according to the county assessor's office.
AN ERA OF ENFORCEMENT
The IRS has not always been quiet. In 1992 it went after the
Church at Pierce Creek in Binghamton, New York, which had bought
full-page newspaper ads opposing then-Democratic presidential
nominee Bill Clinton.
The church lost its IRS tax-exempt status but continued
operating, changing its name to Landmark Church when it moved
into central Binghamton several years ago.
Pastor Dan Little said the church never lost its property
tax break. At the end of the year, Landmark gives people a
record of their giving just like other churches, he said,
leaving it up to them and their accountants to decide tax
matters. "We just never have made any big issue of it," said
Little, who continues to preach about politics and morals.
In 2004 the IRS created a dedicated enforcement program
focused on political activity by churches and other nonprofits.
Called the Political Activities Compliance Initiative
(PACI), it investigated in the 2004, 2006 and 2008 election
cycles 80 instances where church officials were alleged to have
endorsed a candidate during services.
According to IRS tallies made public after each election,
the majority of the PACI complaints were upheld and settled with
a warning that the organization comply with the ban on political
The IRS did not respond to Reuters questions about its
enforcement activities in recent years, or explain why they seem
to have ended abruptly in 2009.
BACHMANN ENDORSEMENT A KEY
IRS church audits seem to have halted entirely in January
2009. That was when Living Word Christian Center in Brooklyn
Park, Minnesota, successfully appealed an IRS audit. In question
were an endorsement of Republican Michele Bachmann for Congress
by pastor James Hammond and financial deals that may have
benefited him personally, a violation of IRS rules.
IRS audits of churches must comply with strict rules
designed to prevent undue governmental pressure. One is that a
high-level IRS or Treasury Department official must authorize
the audit. In the Living Word case, the U.S. District Court in
Minnesota ruled that the IRS staffer who authorized the audit
did not qualify.
In July of that year, Minnesota's Warroad Community Church
was told by an IRS official that it was closing its 2008
examination of the church "because of a pending issue regarding
the procedure used to initiate the inquiry." (Reuters obtained a
copy of the letter from the Alliance Defense Fund, which was
representing Warroad in the audit.)
Other churches that had been under IRS review received
comparable letters, according to their lawyers.
The IRS stopped publishing the results of its PACI
initiative. Three years later the IRS has yet to come up with a
new set of church audit rules, making it impossible, experts
say, for the agency to pursue such examinations.
Former staff insist that being seen as weak on enforcement
of the law would be more damaging to the IRS than any allegation
of partisanship would be.
Still, tight budget may have made it easy to put off
tackling 501(c)(3) disputes. Others argued the agency may worry
it could lose a court case over revocation on constitutional
grounds, and that by avoiding such a test they may preserve the
deterrent power of having the law on the books.
Whatever the reason, IRS inaction has effectively thwarted
the evangelicals' efforts to force the matter in court.
BISHOPS TAKE AIM
At the United States Conference of Catholic Bishops meeting
last week in Atlanta, bishops vowed to keep up their criticism
of Obama administration policies on employer-provided birth
control and other controversies.
"The first principle is that American citizens don't lose
their freedom of religion or their freedom of expression when
they become bishops," said Cardinal Francis George of Chicago.
As to what is and is not acceptable to say about candidates
for office, "the guidelines are broader than some may interpret
them," George told Reuters at the conference. In follow-up email
correspondence, he declined to say whether he thought the IRS
rules constrained free speech or whether he would be willing to
forgo the church's tax exemption so clerics could speak out
The meeting offered no public discussion of an April sermon
by Illinois Bishop Daniel Jenky that has been vigorously debated
in the local and the religious press and which many think
violated the prohibition against opposing a candidate for
office. The sermon has drawn a request for an IRS investigation
by a watchdog group.
After asserting that Obama, "with his radical, pro-abortion
and extreme secularist agenda" seemed to be on an anti-Catholic
path similar to Hitler and Stalin, Jenky exhorted all Catholics
to "vote their Catholic consciences" this fall.
Do the people in congregations follow such instructions?
Only 18 percent of those polled by the Pew Research Center in
January said the endorsement of a candidate by their minister,
priest or rabbi would sway their vote. Seventy percent said it
would make no difference.
A second Pew study this spring found that most parishioners
would prefer their religious leaders steer clear of
electioneering, with Catholics among the most adamant.