When I read the headline “Evangelical
leaders back Santorum,” my first thought was, Can they do that? My second thought was, Of course they can, because religious
groups can do whatever they like in the U. S. of A. (except for some religious
groups such as, say, Muslims). But should
they be able to do that? Isn’t there some sort of First Amendment
to the Constitution
that implies a separation between church and state, between religious belief
and political activity? As it turns out, there is, though it exists in the tax
code. Religious organizations which claim tax exempt status (and they all do), fall
under the 501(c)(3)
requirements for charitable organizations (religious, educational, literary,
arts, amateur sports competition, prevention of cruelty to children or animals,
and a bunch of other well-meaning groups I’m sure). What the tax code says
about supporting (or opposing) political candidates is pretty clear (very clear
as far as the typical tax code goes):
Under the Internal Revenue Code, all section 501(c)(3)
organizations are absolutely prohibited from directly or indirectly
participating in, or intervening in, any political campaign on behalf of (or in
opposition to) any candidate for elective public office. Contributions to
political campaign funds or public statements of position (verbal or written)
made on behalf of the organization in favor of or in opposition to any
candidate for public office clearly violate the prohibition against political
campaign activity. Violating this prohibition may result in denial or
revocation of tax-exempt status and the imposition of certain excise taxes.
You would think these “evangelical leaders” – who were
acting explicitly as spokesmen (I’d say spokespersons except that they’re all
men) for their respective churches – would be in violation of this “absolute
prohibition” against campaign activity. But you would be wrong. Why? Because
what government agency – the Justice Department? the IRS? – is going to go
after such a politically powerful institution as religion? Now if it were, say,
an education group (let’s say public school principals)
that came out in favor (or opposition) to a particular political candidate, how
long do you think its tax exemption would go unchallenged? Are there microseconds?
All laws are made to be interpreted, and they’re interpreted and prosecuted by
whoever is in power at any point in time. And who (including the Islamic Kenyan
Obama administration) in this point in time is going to go after any
conservative religious group? This is not a country of law or justice, but a
country of interpretation, preference, and the current of cultural wind.
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