Monday, January 16, 2012

Evangelicals Support Santorum (and Break Law)

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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