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Give churches a choice: give up tax exempt status or give up lobbying


Cardinal Theordore McCarrick/Reuters

For far too long many religious groups, most  recently and most visibly the Catholic Church, have tried to have it both ways. They avail themselves of the constitutional separation of church and state to avoid paying taxes on their secular investments, and then violate the separation of church and state by maintaining a strong lobbying group in Washington to influence legislation.

Recently it became known that the Catholic Conference of Bishops was instrumental in authoring the anti-abortion amendment attachd to the House health care bill, a clear violation of the establishment clause of the First Amendment. And its a perfect example of a religious institution trying to have it both ways.
 
Financially, the church for years has operated like a huge multinational corporation with extensive real estate holdings, stock holdings and other secular investments generating huge income streams for which they pay no taxes.  Exempting religious organizations from taxes on contributions and donations is one thing. Exempting them from capital gains taxes on secular stock investments is another. But the church as do other religious institutions, claim tax exempt status based on the doctrine behind the First Amendment establishment clause.
 
Yet Catholic dioceses all over the country are filing for bankruptcy protection because of tens of billions of dollars in jury awards against the church for the serial child sexual molestation that went on for decades with the church's knowledge, (which is why they were held liable). In those cases the church asks to be subject to secular bankruptcy laws to protect them from having to pay the billions in jury awards but, claim exemption from tax laws based on the establishment clause.
 
Adding to the hypocrisy, The Catholic Conference of Bishops has a well funded lobbying effort in Washington, staffed by 350 people whose sole job is the same any other lobbyist -- to influence and even write legislation that gets inserted in bills. In the case of the church, or any religious instituion it is a clear  violation of the separation of church and state and a breaking down of the "wall" between religion and the affairs of state that Jefferson and the Founders said the amendment was designed to create.
 
This is not to say that the church doesn't have freedom of speech, to speak out about issues that matter to them, to support candidates who support those issues and to exercise their right of free speech to influence elections. But influencing elections is one thing -- influencing, lobbying and writing legislation is another.
 
Richard Doerflinger, associate director of the bishops conference has been extremely critical of the senate health care bill which, with regards to abortion, goes only as far as the Hyde amendment in prohibiting public funding of abortion. Doerflinger said that the senate bill was " the worst bill we've seen on the life issue".
 
What Doerflinger, in the singular myopic way of the typical Washington lobbyist doesnt seem to understand is that this is not an abortion bill but a  health care reform bill and it isnt being designed to meet the approval of Doerfliinger or the Catholic Conference of Bishops. And to further underscore the arrogance of Doerflinger and what he seems ot think is an entitlement, he said of the senate health care bill that it;s "completely unacceptable".
 
Unacceptable to who? Him? The Catholic Conference of Bishops?   That isnt a powerful senator with the power to stop a bill talking. That is a representative of the Catholic Church how have no business being involved in the legislative process. 
 
Doerflinger';s statement that  the legislation is "completely unacceptable"  is exactly why Jefferson and the Founders made sure religion would have no place in affairs of state. What is "completely unnacceptable" to Doerflinger or the Catholic Conference of Bishops may not be unacceptable to the a majority of the US senate or the country at large. And that is all that matters. What the bishops feel is acceptable or unacceptable may matter to Doerflinger in his private life, but they dont matter at all to the legislative process that is designed to produce bills that affect affairs of state.
 
 If the church  thinks that lobbying for or against legislation like registered lobbyists is that important, let them forego their tax exempt status and continue  their lobbying efforts as registered lobbyists. Either that  or continue their tax exempt status and give up their organized lobbying efforts. Or if they continue to lobby have the IRS revoke their tax exempt status.
 
The constitution is clear.  -- religious institutions are to be officially kept out of the affairs of state. The First Amendment was specifically instituted to assure that the United States would never have anything like the Church of England  of which most of the Founders had a very low opinion.
 
 The role of the Catholic Conference of Bishops headed by Cardinal Theodore McCarrick, in authoring the anti-abortion amendment in the House healthcare bill was a clear  violation of the First Amendment . The fact that Pelosi and Obama allowed it to happen is something that has to be addressed and stopped.
 
Now the Conference is hoping to extend the same influence to the senate. The arrogance of Doerflinger's comment about the current bill being " completely unacceptable" shows the power they think they can weild --  or are entitled to weild -- power that  the establishment clause is designed to prevent.
 
The bishops are likely to fail in the senate.  Reid needs to stand up for the constitution and make it clear there wont be the kind of meetings in the senate that the Conference was able to get in the House.
 
 It should also be noted, that conservatives who are always wrapping themselves in the constitution and trumpet their views on Original Intent, have not only said nothig about the constitutional violation that occurred in the House amendment, most of them voted for it.
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Comments

  • j.a.m. 2 years ago
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    What claptrap. The bishops were exercising their First Amendment rights to speak freely and petition the gummint. They had the same role that any private citizen would have when he speaks for millions of others.

    You want to outlaw lobbying by all tax-exempt groups? Be careful what you wish for.

  • j.a.m. 2 years ago
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    Actually, under the law you have it precisely backwards: Influencing elections is what tax-exempt groups may NOT do.

  • Matt 2 years ago
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    Separation of church and state was meant so that the government could not have an official state religion. Citizens have a right to express their opinion and vote their morals whether it lines up with their religion or not.

    I suppose since Christianity condemns killing, we as a society should not condemn since that would infringe on your definition of the separation of church and state?

    You would have a case if the Catholics were promoting a candidate for office, but they are voicing their opinion on an issue which they have a right to do.

    The article is written from hatred that your opinion didn't prevail and the accusations listed are baseless and logically incorrect.

  • Anon 2 years ago
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    Houses of worship are registered as as 501 c 3 nonprofits. While IRS guidelines restrict lobbying, it does not completely ban it. The IRS states that lobbying does not represent a "substantial" part of a 501 c 3's activities.

    Where were you when the bishops lobbied for immigration reform?

    What about all those religious groups who lobbied FOR abortion funding. Should they be silenced as well?

    If you want to separate religion from politics, then make it complete. If you want to separate morality from politics, then stop making appeals to some vague morality to justify your public policy positions.

  • Tito Edwards 2 years ago
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    It's called freedom of speech.

    It's found in the constitution.

    Unlike "separation of Church and state" which isn't anywhere in the constitution.

  • charles 2 years ago
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    Wrong on law and facts. Cardinal McCarrick retired long ago!

  • Jay 2 years ago
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    My question is how do articles like this get by the editors and go to print without fact checking and making it so obvious that the Tribune has a anti-Catholic bias? Or even worse an anti-Christan bias?

    If this is the case then every 501C3 who lobbies under IRS rules should be revoked. But then that would include the McCormick Tribune Foundation Fund as well....

  • owlafaye 2 years ago
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    The article is eminently correct. Not because the Catholic Church is a criminal organization mind you, but because I am not interested in having religion's perverted views as part of the law of the land.

    It was originally intended that the business of the actual building that housed the church and donations engendered there would not be taxed. The Catholic church, as usual has violated and distorted every aspect of the situation to fill their needs and every Christian sect has followed with demands for equal recognition.

    The deceptions, thefts, distortions, maneuvering and manipulations of the Catholic Church are plain history and it is time we stopped them in their tracks. Take away their power to cast their evil spells...TAX THEM

  • kph 2 years ago
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    This article is right on the money, and anyone who sees it as not should take the time to look harder at what is going on. The job of the Catholic Priest, Bishop, Pope, is to preach the gospel and help hurting and needy people, not attend legislative sessions in Washington. No wonder they're always pressing parishoners for more money....they have a large lobbying staff to pay!!

    Great article....agree with you 150%

  • N.J. 2 years ago
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    The Supreme Court has ruled on this issue many times and found that the activities of the Catholic Church were never in violation of the
    "tax exemption" which most people shouting about it do not understand. The only thing this amendment to the IRS code did was make donations to the church tax deductible. This law was written in 1954. Churches were exempt from taxation between 1788 when the Constitution was penned, and still remain so. Because the first Amendment places the churches outside of the jurisdiction of government. The government can only tax what lies in its jurisdiction. Churches were never taxed because of this statement in the first amendment to the constitution. Yet Churches were much more politically active before 1954 than today. The only thing that would happen if churches lost tax exempt status would be that contributors would lose their ability to DEDUCT donations to the church. However this would little effect their ability to raise money, still tax free.

  • l.a. 2 years ago
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    We should also tax synagogues that monetarily support the terrorist state of Israel.

  • Marcus 2 years ago
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    The bishops presume to speak for all their numbers. Fact, the Church is one of the wealthiest political organizations in the world. Why is this not spent on helping people? It is a blatant accumulation of wealth that is tax exempt simply because it is not political. The choice is politics or not? No taxes - no vote - each individual member of any congregation has a vote. Churches that engage in political activity are not entitled to tax exempt status.

  • Sexy 1 year ago
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    CHURCH BLOWZ!

  • YXES 1 year ago
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    Noyou

  • Sexy 1 year ago
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    all priests are rapists

  • YXES 1 year ago
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    NoU

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