The journey from there to here
In a seperate thread, another user has asserted that the Catholic church is telling its parishioners not to vote for John Kerry. When I pointed out that this was a clear violation of the law, I was challenged with some very strong language but without the facts. I will grant that I did not provide the hard facts on this, but rather my extensive experience as a minister and those of my family who are also ministers. The person since responded by simply stating I was wrong (I have yet to see an article supporting his assertion that the Catholic church actually issued the statement).

Below is a clarification of the law. I hope the IRS' own webpage is a strong enough authority for this individual:

WASHINGTON — Charities should be careful that their efforts to educate voters comply with the Internal Revenue Code requirements concerning political campaign activities, the tax agency said today in a presidential election-year advisory.

Organizations described in section 501(c)(3) of the Code that are exempt from federal income tax are prohibited from participating or intervening in any political campaign on behalf of, or in opposition to, any candidate for public office. Charities, educational institutions and religious organizations, including churches, are among those that are tax-exempt under this code section.

These organizations cannot endorse any candidates, make donations to their campaigns, engage in fund raising, distribute statements, or become involved in any other activities that may be beneficial or detrimental to any candidate. Even activities that encourage people to vote for or against a particular candidate on the basis of nonpartisan criteria violate the political campaign prohibition of section 501(c)(3).

Whether an organization is engaging in prohibited political campaign activity depends upon all the facts and circumstances in each case. For example, organizations may sponsor debates or forums to educate voters. If the debate or forum shows a preference for or against a certain candidate, however, it becomes a prohibited activity.

The federal courts have upheld this prohibition on political campaign activity, most recently in Branch Ministries v. Rossotti, 211 F.3d 137 (D.C. Cir. 2000). The courts have held that it is not unconstitutional for the tax law to impose conditions, such as the political campaign prohibition, upon exemption from federal income tax.

If the IRS finds a section 501(c)(3) organization engaged in prohibited campaign activity, the organization could lose its tax-exempt status and it could be subject to an excise tax on the amount of money spent on that activity.

In cases of flagrant violation of the law, the IRS has specific statutory authority to make an immediate determination and assessment of tax. Also, the IRS can ask a federal district court to enjoin the organization from making further political expenditures.


To verify this information: Link

sincerely,

Gideon MacLeish


Comments
on Sep 06, 2004
Yes their site is difinative enough. Now here's the article I was reading. Not the dioces (seems I was mistaken) but the parishoners themselves.

With Carl Limbacher and NewsMax.com Staff
For the story behind the story...



Click Here


Click Here


Click Here


Monday, Aug. 30, 2004 9:44 p.m. EDT
Catholics Against Kerry Launch New Radio Ads

While the efforts of the Swift Boat Veterans for Truth have captured the attention of the media, Catholics Against Kerry is also planning a major ad campaign highlighting Kerry's problems with the Catholic Church.


Story Continues Below



A new radio ad aimed at Catholic voters in swing state Pennsylvania is sure to have a major impact.

Michael V. Pearce, Public Relations coordinator for Catholics Against Kerry, said in a press release Sunday, "Pennsylvania is a key battleground state, and the fact that one-third of its population is Catholic makes it an essential audience for our message."

The campign highlights some major problems John Kerry will have with Catholic voters.

According to Pearce, "Senator Kerry's very first speech in the US Senate, when he pledged his unwavering support for the abortion industry, made it clear that he does not accept the most fundamental Catholic value; protecting innocent human life."

Pearce went on to say that "John Kerry has recklessly voted in opposition to even the most limited forms of restrictions on abortions, including partial birth abortion. He has vigorously opposed any effort to protect traditional marriage by voting against the Defense of Marriage Act and urging his constituents in the state of Massachusetts not to support an effort to define marriage as a union between a man and a woman in the state constitution."

"Additionally, Senator Kerry has exploited the Catholic Church by staging a series of photo-ops on Church grounds intended to give the false impression that he supports Catholic values," continued Pearce.

The text of the commercial is as follows:

Voice 1: catholicsagainstkerry.com

Voice 2: John Kerry's very first Senate speech was a pledge to support abortion.

Voice 3: He even stopped campaigning to vote for the most grisly partial-birth abortion and against Lacy's Law to punish the murder of unborn babies.

Voice 1: catholicsagainstkerry.com needs your help.

Voice 2: Twice Kerry sponsored bills to force Catholic hospitals to provide condoms to their employees.

Voice 3: Now Kerry says he believes life begins at conception. We don't believe him. Do you?

Voice 1: Catholicsagainstkerry.com needs your help.

Voice 2: The Communist party USA, godlessamericans.org ...

Voice 3: The abortion industry – all endorse Kerry. Not George Bush.

Voice 2: Who do you endorse?

Voice 1: Paid for by Vote Catholic, with help from Catholics like you. Not affiliated with any candidate. Please donate to our site. Don't let them take us off the air! Catholicsagainstkerry.com


on Sep 06, 2004
It doesn't change the fact that if the support is coming from the diocese itself, they can expect to face retribution from the IRS. My suspicion is that these are people who are Catholic, who are expressing their opinion, which is a far cry from the support of the diocese.
on Sep 06, 2004
I'm not catholic, but my mom's church pissed me off, so I go to catholic mass every sunday morning with my dad and my grandma.

Over the last 2 months, we have been "treated" to no less than SEVEN homilies on why Kerry works for the devil and how if we vote for him, we'll go to hell, not be given commmunion, etc.

Adding to the problem is our Archbishop (Raymond Burke, the most hard-line catholic in the US, probably), who goes on TV and talks about how you're supposed to vote.

Quite frankly, the Catholic Church should have lost it's tax-exempt status several months ago. They CLEARLY endorse Bush over Kerry, LOUDLY.
on Sep 06, 2004
Why doesn't the Catholic church tell it's votes not to vote for Bush because of his unwavering support of the death penalty, which the Catholic Church is against?
on Sep 06, 2004
koopa are you in colorado?
on Sep 06, 2004
Gideon,

Somehow with my guts feelings. I don't think this is a clear/straightforward problem as you stated. You see. Religion is about way of life and moral issue. The Catholic church certainly believe abortion is unacceptable and encourage its followers to accept this brief, but at the same time abortion is also a political/legal issue now in America. Sometime there isn't a clear cut between religion briefs and poltical briefs. The idea of a secular soceity and separation of church and state doesn't preclude religions having briefs and doctrines. To give you a counter-example, many Muslium factors in America are currently upset about George W. Bush because his decision to occupy Iraq. Are you telling me that an Imam cannot talk voice his opposition to the Iraq invarsion? Look, it is ridiculous to attack the Catholic in America, while I know other religions are doing the same thing. I have watched a Buddha monk weekly (on TV) critized the Iraq War is sinful and any good Buddhaist should be oppose it. I have went to Muslium youth meetings which highly critize Bush. (To be clear, I am not religious)

One thing I do have to agree with the Catholic church more so than the other religions because John Kerry considers himself a catholic. From what I understand, some Catholic priests simply point out Kerry isn't a real good Catholic because of his political stance on abortion. Abortion is one of the fundamental issues separating Catholic from other Christian churches. Other issues like gay marriage and divorce. If John Kerry claims himself to be Catholic just so he can get more support from the Catholic followers, I don't see why the Catholic church has no right to defend its position. The Catholic church certainly has the right to define its religion and thus what is considered as a Catholic follower.

If G. W. Bush decide to call himself a Muslium tomorrow, I certainly believe any Imam or Ayatolla has the right to challenge his claim.
on Sep 06, 2004
chemical,

actually it IS as clear/straightforward as I have stated. The information comes directly from the IRS' website. The information is also sent to pastors of churches that receive tax exempt status around election time every year to remind the pastors/priests of the law. It is also a strong factor in why I refuse to file for 501c3 status.
on Sep 06, 2004

i know now that archbishop burke is in st louis.  bishop sheridan is the guy in colorado who sent out a letter to parishoners telling them "any Catholics who vote for candidates who stand for abortion, illicit stem cell research or euthanasia suffer the same fateful consequences [as the candidates who support these issues]"

here is a response from a tax professional asked if that type of action jeopardized the diocese' exemption:

Section 501(c)(3) defines exempt charitable organizations as ones that, among other things, do not participate in any political campaign on behalf of or in opposition to any candidate for public office. The bishop's letter, written in his official capacity to his parishioners, makes an unambiguous reference to the national elections this November, and, as Don Tobin said initially, cannot be read in any other way than as a letter urging parishoners not to vote for Kerry. I think it is actually quite a bit worse than the Branch Ministries advertisement, since the bishop's letter doesn't merely urge the recipients not to vote for Kerry--it tells them that doing so may "jeopardize their salvation." What bigger guns can be brought to bear on those who believe, as at least some Catholics do, that the hierarchy of the church is authorized to make theological determinations of this sort? Obviously many who hear this will disregard it, but do we doubt that there are some readers who will think that eternal damnation isn't something about which they want to take any chances?

There are First Amendment issues lurking here, surely; but the Supreme Court in TWR and the DC Circuit in Branch Ministries made it clear that Congress is permitted to define the exemption boundaries in ways that effectively require charitable organizations to choose between exempt status and the fullest exercise of free speech. If the church wants to participate in campaigns, it can do so, but only if it gives up its exempt status. I think that's a good rule for a lot of reasons, prominently including its effect in discouraging the sort of heavy-handed political activity encountered in this instance, which seems to me extremely dangerous.

this is a link to the site on which that was posted.  there are a number of other opinions, but this one seemed to answer the quesiton most directly and clearly. link

on Sep 08, 2004
Problem you run into if they start taking tax exempt status from catholic churches they have to do it to all of them, even if the diocese said nothing of the sort, and when tax exempt statuses are taken away from churches like that, and outcry will go out about the whole affair and the IRS reputation will worsen, damn Catch 22, to take it away and uphold the law only to be bombarded by all of the rest of the Christian denominations for doing so, it will be interesting to see if the IRS takes action and what action will that be if any.

Not to mention the ideas and views expressed by one bishop do not represent the views of the whole.

As for the capital punishment thing it's under consideration, after one Bishop said pro-life was a seamless garment one in which you must be pro-life in everything to succeed, some Catholics do not view it that way. Right now the forefront of all Catholic consideration and thought is the Pro-Life when it comes to Abortions and that will be on their forefront until it is taken care of in their own opinion. Still alarming for this was the fact that only 6.1% of abortions in America are health related, the rest is basically done because the child is an inconvenience, so why was precaution not taken before hand like contraceptives or the old don't open legs, etc. not to burden women, but the men are half to blame as well, if you don't plan on having a kid use a condom real easy, just make sure you get the one with spermicide on it, to make sure you are doubly protected.

Personally there are better ways at population control than abortion, for one limiting number of kids, sounds bad, sounds awful, but one way to decrease abortions is too also add that into the limit of babies a couple can have, if given up for adoption the child does not count against the couples baby limit. Heck with the gay marriage approvals don't the gay couples need children if they want them, well that just increases the number of parents who want to adopt kids, not enough kids to adopt, so let's curtail our decreases in baby production by making stiffer penalties for hurting the baby production because it hurts baby adoption, than again this is my view and I did say I was strange. What about the other thread, Kerry needs babies lathered with Heinz ketchup for meals.(joke)
on Sep 08, 2004

Problem you run into if they start taking tax exempt status from catholic churches they have to do it to all of them, even if the diocese said nothing of the sort,


apparently thats not necessarily the case. 


The attached link, to the United States Conference of Catholic Bishops (USCCB), has information regarding the Catholic Church's exemption. There is also a memo explaining the exemption from the USCCB's Office of the General Counsel. It appears that groups listed by the USCCB as being affiliated with the Church receive an exemption. It also appears that each group is thereby granted its own exemption. So it may be that a subgroup can have its exemption contested without impacting the entire Church.