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Press Release from Americans United for Separation of Church and State
As 2016 Presidential Campaign Gets Under Way, IRS Should Act To Enforce Non-Profit ‘No-Politicking’ Rule, Says Americans United
Church-State Watchdog Group Says Liberty University May Have Violated Federal Law By Hosting U.S. Sen. Ted Cruz
The
Internal
Revenue
Service should make it clear that houses of worship
and other tax-exempt, non-profit groups have no right to engage in
partisan politicking, Americans United for Separation of Church and
State told the tax agency today.
In
a
letter to IRS Commissioner John Koskinen, Americans United
Executive Director Barry W. Lynn urged the agency to act now, since the
2016 presidential campaign is getting under way.
“Too
many
houses
of worship, religious colleges and other tax-exempt groups
are flagrantly violating the law by endorsing or opposing candidates,”
Lynn said. “The IRS has the power to stop this, and it’s time the
agency used it.”
In
his
letter
to Koskinen, Lynn noted that Americans don’t want to see
non-profit groups turned into partisan political units.
“Many
Americans
are
concerned over the abuse of tax-exempt status by
organizations with partisan political intent,” wrote Lynn. “With our
nation approaching a presidential election, the problem of pulpit
politicking will only become more acute.”
Lynn
noted
that
Liberty University in Lynchburg, Va., allowed U.S. Sen. Ted
Cruz (R-Texas) to officially announce his presidential campaign at the
school March 23. The university, which is tax exempt under Section
501(c)(3) of the Internal Revenue Code, hosted what amounted to a
campaign rally for Cruz; students were required to attend the event.
This
partisan
activity
by Liberty University on Cruz’s behalf, Lynn said,
deserves scrutiny by the IRS.
“Indeed,
it
appears
that Sen. Cruz chose Liberty because it offered him certain
advantages, and Liberty was more than happy to work in coordination
with the senator to assist his cause,” observed Lynn in his letter to
Koskinen. “Sen. Cruz wanted potential donors and conservative voters to
believe that he has the support of thousands of young people at the
largest Christian university in the world. And Liberty helped sell that
idea by making attendance at the senator’s rally mandatory for
students. (In fact, anyone who failed to show up without an approved
excuse faced a fine of $10.)”
Lynn
pointed
out
that Liberty isn’t the only organization thumbing its nose
at federal law. The Alliance Defending Freedom, a Religious Right legal
group based in Arizona, has been openly prodding pastors to endorse or
oppose candidates from the pulpit during an annual event it calls
“Pulpit Freedom Sunday.”
Federal
law
states
that organizations holding tax exemption under Section
501(c)(3) – a category that includes houses of worship, many colleges,
charities and other entities – may not intervene in partisan politics
by endorsing or opposing candidates for public office.
The
IRS
temporarily
stopped enforcing the law after the flap over the
alleged heightened scrutiny of “Tea Party” groups. In his letter, Lynn
asserted that these allegations turned out to be largely baseless and
said it’s time for the IRS to move on and begin enforcing the law.
Wrote
Lynn,
“I
believe it would be detrimental for our country and the
democratic process to go through another election cycle with the
‘no-politicking’ rule unenforced. The more the IRS delays, the more
organizations like Liberty University and the churches that follow the
advice of the Alliance Defending Freedom conclude that they do not have
to abide by our nation’s laws.”