Jones Bill Comingles Church and State

We wanted to make you aware of our continued concern and opposition to this legislation.

Current federal law states that houses of worship, like other 501(c)(3) organizations, cannot legally engage in partisan political activities and retain their tax-exempt status. This provision of federal law has served as a valuable safeguard for the integrity of both religious institutions and the political process. H.R. 235 would lift these important safeguards, and allow houses of worship to keep their tax-exempt contributions while endorsing their favored political candidates.

Religious leaders, denominational offices and faith-based organizations oppose H.R. 235 for many ethical reasons:

Current law upholds the integrity of houses of worship. Churches, synagogues, temples and mosques should not be used as political headquarters or as a means of partisan fundraising for political activities. Tying houses of worship to partisan activity demeans the institutions from which so many believers expect unimpeachable decency.

This bill is unwanted and unneeded by America’s clergy. In a Gallup-Interfaith Alliance Foundation poll, a full 77% of clergy were opposed to their fellow clergy endorsing political candidates. Another poll conducted by The Pew Research Center for the People and the Press and The Pew Forum on Religion and Public Life found that 70% of Americans feel that houses of worship should not come out in favor of one candidate over another during political elections.

The bill is predicated on false assumptions about existing law. Supporters of these bills have argued that their enactment is necessary to allow religious leaders to speak out on issues of interest to their congregations. The reality is that religious leaders have an absolute right to use their pulpit to address the moral issues of the day.

The only activities tax-exempt houses of worship may not engage in are the endorsement or opposition of political candidates, or the use of their tax-exempt donations to further partisan campaigns. Current law simply limits groups from being both a tax-exempt ministry and a partisan political entity. For a complete guide on this issue, we urge your staff to consult “Politics and the Pulpit: A Guide to the Internal Revenue Code Restrictions on the Political Activity of Religious Organizations,” published by the non-partisan Pew Forum on Religion and Public Life. <http:/ /pewforum.org/publications/reports/ IRCbrochureBIG.pdf>

This bill runs contrary to the spirit of the recently passed Bipartisan Campaign Finance Reform Act. Despite claiming otherwise, H.R. 235 continues to have campaign finance implications that run contrary to the spirit of the recently passed Bipartisan Campaign Finance Reform Act of 2002. In particular, H.R. 235 would permit considerable expenditures of tax-deductible funds to publicize endorsement sermons and other election-related presentations made during religious services or gatherings through television, radio, and other media. In this respect, it contradicts Congress’s recent emphasis on reducing the influence of soft money on Federal elections and requiring the disclosure of the sources of election spending. For additional information on the campaign finance implications of this legislation, we urge you to consult The Campaign and Media Legal Center’s analysis on H.R. 235. <http:// www.camlc.org/press-442.html>

For these reasons, we urge you to oppose H.R. 235 and any similar legislation that seeks to alter the tax code as it pertains to houses of worship.

April 2003