Federal law prohibits tax-exempt churches from endorsing candidates for office. But the Alliance Defense Fund, a conservative litigation group, is urging churches to break that law. On Sunday, September 28, at least three dozen ministers nationwide will explicitly endorse candidates from the pulpit. The initiative likely will produce high-profile religious endorsements of McCain-Palin. More below the fold about this illegal venture and ways to combat it.
Conservative churches played a key role in the 2000 and 2004 elections. Federal tax law prevents tax-exempt organizations--including churches--from engaging in political activity on behalf of a candidate for public office. But many churches skirted that prohibition in 2000 and 2004, helping Republicans register and mobilize their base. Many observers believe that these church-anchored efforts gave Bush his 2004 victory in my home state of Ohio.
This year, conservative churches are reaching even further. The Alliance Defense Fund, a group that spearheads litigation for conservative Christian causes, is enrolling ministers nationwide to endorse candidates from the pulpit on Sunday, September 28. The endorsements clearly will violate federal tax laws, since the churches claim tax-exempt status; both ADF and the churches know that. But ADF claims this is an attempt to challenge the constitutionality of the tax laws.
It's a flimsy excuse: Several courts have upheld the constitutionality of the candidate-endorsement ban as applied to churches that claim tax-exempt status. And ADF's argument is inconsistent with legal arguments that conservative groups and judges make in other contexts. Conservative jurists generally are comfortable with the idea that the government can restrict constitutional freedoms (such as the right to endorse a candidate) in exchange for government privileges (like an exemption from the tax laws). That's why states can constitutionally deny Medicaid funds for abortions while funding childbirth.
But even if ADF and the churches lose their "test cases," the churches are likely to receive little more than a slap on the wrist--and that slap will come months or years after the election. In addition to taking a shot at the tax laws, ADF's churches will endorse the candidates of their choice on September 28. And I doubt those candidates are likely to be Obama-Biden. Pulpit endorsements of McCain-Palin in a few strategically chosen churches could have a big impact on the Republican base.
A group of Christian and Jewish religious leaders are petitioning the IRS to stop this illegal action. The Washington Post has an exclusive story about the petition, which will be filed later today.
What can you do? (1) Tell your friends about this latest Republican tactic to win the election by breaking the law. (2) Use this story to motivate law-abiding citizens to register others to vote throughout the weekend of September 27-28. That weekend falls shortly before the 30-day cut-off for voter registration in many states, so it's a great time to hit the pavement and register voters. (3) Consider sponsoring a "Citizens of all Faiths for Obama" gathering in your neighborhood. Obama supporters don't need religious leaders to tell us how to vote. We can gather together--outside our houses of worship--to discuss the candidates we support. And this is a great opportunity to show that faith is consistent with voting for Obama-Biden. At the very least, use the weekend of September 28 to talk to your friends, family, and neighbors about why this election matters so much.