Church free speech okay – no charitable tax deduction for donors

Churches and their leaders should be free to  speak out for or against candidates for political office.  Our Constitution guarantees freedom of speech for all, and especially for political or religious speech.
What our government should NOT do is allow a charitable tax deduction to donors who contribute money to churches that advocate for or against specific candidates.   If churches want to be treated just like other organizations that advocate for or against specific candidates, donors should be willing to give up their charitable tax deduction for contributions they make to those churches.
If churches are allowed to advocate for or against candidates and donors are given a charitable tax deduction for contributions made to such churches, then it would only be fair to give tax deductions to all donors to political organizations.  Better to not give the charitable deduction to any of them.
Related Register article:
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Churches should not be allowed to advocate for or against candidates

I agree with The Des Moines Register editorial that the law that bans churches from endorsing specific candidates, (the Johnson Amendment), should not be repealed.  (See link below.)

Once again though, you did not make clear the difference between all tax-exempt organizations and special 501c3 organizations.  Virtually all political parties, candidate campaign committees, and special interest organizations are tax exempt – they don’t pay income taxes.  But, people who donate money to these various political organizations do not get to deduct their contributions as a “charitable” deduction on their income taxes.
On the other hand, charities, churches and educational organizations are tax exempt under a special tax code section: 501c3.  People who donate money to 501c3 organizations get a charitable tax deduction for the amount of their contribution when computing their income taxes .
Churches, and church officials can advocate all they want about issues without violating the rules for 501c3 organizations.  What they cannot do is advocate for or against any specific candidate.  If they do advocate for or against specific candidates then they should be treated just like any other political organization: their donors should not get a charitable tax deduction for their contributions.  That is what the Johnson Amendment is all about, and it should not be repealed.

Link: http://www.desmoinesregister.com/story/opinion/editorials/2017/02/10/editorial-dont-eliminate-ban-politically-active-churches/97750512/

 

Not all tax exempt organizations are the same.

The Register still has it wrong. (“Churches cross line with political endorsements”, 4/9/2015 – see link below.)  Churches with ministers who advocate for specific candidates should be allowed to be tax exempt.  But donors who contribute to them should not get a charitable tax deduction.

There are two types of tax-exempt organizations. First, there are the Charitable, Religious and Educational organizations, (tax code 501c3 organizations), that pay no income taxes, (and often don’t pay other taxes), plus donors get a charitable tax deduction on their income taxes for the amount of their contribution.  Second, there are all other tax-exempt organizations that pay no income taxes, (and often don’t pay other taxes), but donors do NOT get a charitable deduction. They are properly classified as tax exempt, since they are organized to not make any kind of profit, but their activities are not charitable, so no charitable tax deduction is given.

There are many tax exempt organizations that do not make any profit, but that are not charitable and whose donors don’t get a tax deduction.  They include Rotary clubs, political parties, country clubs, political issue organizations, chambers of commerce, special interest clubs, etc.  None of them try to make any profit, but they are not charitable.

To the extent that any not-for-profit organization advocates for or against specific candidates, that organization is not doing charitable work. It is doing political work. Under the principle of equal treatment under the law, donors to churches that advocate for specific candidates should not get a charitable tax deduction.  If a church wants its donors to receive a charitable tax deduction for contributions made, then the minister should not advocate for candidates from the pulpit, or through any other communication from the church.

Link to Register editorial: http://www.desmoinesregister.com/story/opinion/editorials/caucus/2015/04/08/rgisters-editorial-churches-cross-line-political-endorsements/25500433/

 

Newspaper should be able to fire editor for expression of religious beliefs

The Des Moines Register reported today (7/24/2014) that, “An Iowa newspaper editor fired after publishing his views on homosexuals is claiming he was the victim of religious discrimination by his former employer.”  He has filed a complaint with the Equal Employment Opportunity Commission.  Editors of newspapers should not be protected by laws against discrimination in employment based on religious belief.  Newspapers are privately owned businesses that typically express the opinions of their owners.  They benefit our society by their independent advocacy regarding public policy.   They should not be forced by government to employ editors who hold beliefs contrary to their own – especially political or public policy beliefs.  Owners of newspapers should be free to fire editors at will, unless they have entered into an employment contract to the contrary.  For government to force a newspaper to continue to employ an editor is wrong and is bad public policy.

Link to Register article: http://www.desmoinesregister.com/story/news/crime-and-courts/2014/07/23/newspaper-editor-fired-gaystapo/13047733/

Hobby Lobby decision correct.

A Supreme Court ruling today (6/30/2014) upheld our fundamental right to use our own private property in accordance with our own moral beliefs.  The ruling gives priority to natural religious and private property rights over the politically created guarantee that private business owners will provide employees with a health insurance benefit that covers certain birth control pills.

The owners of Hobby Lobby objected to the Obama Care legal requirement that they provide their employees with an insurance benefit that covered morning after “abortion” pills.  The law was in direct conflict with their sincerely held, honest and peaceful religious beliefs.  Hobby Lobby has never used force or fraud to get people to either work for or patronize their business.

Governments are the only organizations that can legally use force against peaceful people.  We created our government to use force, if necessary, to protect our fundamental right to life, liberty, property, and the pursuit of happiness.  Government force should not be used to make peaceful people act against their own religious beliefs – no matter how good the cause or the intentions.

By the way, I am a peaceful, honest, pro-choice, atheist, libertarian.

Hobby Lobby is correct.

Contrary to the letter by John Ashman, the owners of Hobby Lobby are not forcing their views on anyone.  (“Are owners of business forcing views on workers?” 2/12/2014)  Only governments have the legal right to use force against peaceful people.    No one is being forced to work for or patronize Hobby Lobby.  Although I disagree completely with their religious beliefs, I do agree that they have the right to use their own private property, including their business which is open to the public, in their own peaceful, honest way.  Similarly, individuals and groups have freedom of speech, assembly and association rights which allow them to organize protests and boycotts against businesses that they think operate unfairly.  Government’s proper role is to protect the lives, liberty and property of peaceful people against those who would use force or fraud to take what they want .  It is not proper to for government to take sides when there are differences of opinions between peaceful and honest people.

Link to Register article:  http://www.desmoinesregister.com/article/20140213/OPINION04/302130029/1038/opinion04/Letter-editor-owners-business-forcing-views-workers-

Churches can speak freely!

On 10/16/2012, The Des Moines Register advocated for allowing churches to speak politically without jeopardizing their charitable tax status. (“Free speech should apply to churches”)   People who contribute to not-for-profit charitable organizations that qualify under tax code section 501c3, including churches, get to take a charitable deduction when calculating their income taxes.  This means that taxpayers are subsidizing these charitable contributions.
Political parties, campaign organizations, lobbying groups, and other not-for-profit organizations are tax exempt, but under different tax code provisions.  Supporters of those organizations do not get a tax deduction for contributions.  That is as it should be.  Taxpayers should not subsidize political speech.
If we simply allow all churches to advocate politically without limit, and supporters are allowed to take a charitable deduction for contributions made to those churches, then expect new “churches” to be established for the primary purpose of advocating politically.
The solution to this problem is already available.  If churches want to advocate politically, all they have to do is elect a different not-for-profit tax status.  They would still be tax exempt, but supporters would not get a tax deduction for contributions.