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IRS Can Restrict Partisan Politicking By Churches, Americans United Tells Federal Appellate Court.


Churches do not have a constitutional right to endorse political candidates and still keep their federal tax exemption tax exemption, immunity from the requirement of paying taxes. Federal, state, and usually local law provide exemption from taxation for a wide variety of organizations, usually not-for-profit, such as churches, colleges, universities, health care providers, various , Americans United has advised a federal appeals court.

In a brief filed with the U.S. Court of Appeals for the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  Oct. 26, Americans United argued that the religious freedom guarantees of the First Amendment do not entitle churches to engage in partisan politicking while maintaining tax-exempt status.

"Houses of worship have broad constitutional protections, but they cannot hide behind the First Amendment when they engage in blatantly partisan politics," said AU Executive Director Barry W. Lynn Reverend Barry W. Lynn (born 1948 in Bethlehem, Pennsylvania) has been the Executive Director of Americans United for Separation of Church and State since 1992.[1] , in a press statement.

The case at issue concerns the Church at Pierce Creek, a Binghamton, N.Y., congregation that bought full-page newspaper advertisements in the 1992 presidential election advising "Christian voters" that supporting candidate Bill Clinton would be a sin.

Americans United filed a complaint against the church with the Internal Revenue Service, citing the provisions of federal tax law barring partisan involvement by tax-exempt groups. The IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws.  revoked the church's tax exemption three years later.

TV preacher Pat Robertson's American Center The American Center is a high-rise tower in Southfield, Michigan. It was built in 1975 and stands at 26 floors, with one basement floor, for a total of 27.

The building's main use is that of a typical office tower. It also includes a parking garage and retail spaces.
 for Law and Justice filed suit, challenging the IRS action. However, U.S. District Court Judge Paul L. Friedman ruled March 30 that the tax agency's conduct was in accordance with federal law and did not violate the church's constitutional rights.

The case, Branch Ministries v. Rossotti, is now on appeal.

AU's brief, written by General Counsel Steven K. Green and Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 Counsel Ayesha Khan, notes that the IRS Code mandates that churches refrain from engaging in partisan activity as a condition of receiving tax exemption but does not bar houses of worship from all political endeavors.
COPYRIGHT 1999 Americans United for Separation of Church and State
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Publication:Church & State
Article Type:Brief Article
Geographic Code:1USA
Date:Dec 1, 1999
Words:278
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