When does religious speech become political speech?

[rug]

Published: Oct. 30, 2011 at 3:30 AM
By MICHAEL KIRKLAND

WASHINGTON, Oct. 30 (UPI) -- With the American political season nearly in full venom, the U.S. Supreme Court is being given the chance to decide when a religious organization wanders off course into the realm of political advocacy, endangering the organization's tax-exempt status.

Also in the petition bringing that question to the high court: Whether the Internal Revenue Service can avoid a constitutional ruling by refunding taxes back to the non-profit organization while at the same time maintaining the taxes were correctly assessed.

The case involves Catholic Answers Inc. and its founder, Karl Keating, and an uncharacteristically timid IRS. But the organization said the IRS policy involved "affects the speech of hundreds if not thousands of non-profit organizations."

If the Supreme Court agrees to review the case, it should be of particular interest to abortion rights advocates (code words for "Democrats"), who may feel the heat from powerful Catholic institutions.


http://www.upi.com/Top_News/US/2011/10/30/Under-the-US-Supreme-Court-When-does-religious-speech-become-political-speech/UPI-68991319959800/?spt=hs&or=tn

[Marazinia]

1. All private money out of politics

Problem solved.

[Faygo Kid]

2. Religious speech becomes political speech when it becomes a push for policy.

I am not talking about that "Blessed are the poor" or "Blessed are the peacemakers" stuff, which despite its importance is always blown off by the right.

[Rabblevox]

4. Policy, Party, Candidate- pushing or bashing definitely a no-no. This quote...

if true, will kill 'em...

"Keating published an e-letter on Catholic Answers' Web site that discussed the events and why Senator Kerry, a Catholic, should have been rebuked for taking communion from a community that lacked a valid sacrament of orders . ... Keating was also critical of Senator Kerry's views on abortion," the petition says, "and suggested that he should be denied holy communion. ... Keating published a second e-letter ... again discussing Senator Kerry and the Catholic church's teachings on abortion and the eucharist."

That's WAY over the top. If The SC goes with Catholic Answers, grab your scissors and snip another piece off your constitution.

Read more: http://www.upi.com/Top_News/US/2011/10/30/Under-the-US-Supreme-Court-When-does-religious-speech-become-political-speech/UPI-68991319959800/#ixzz1cJ6qR0oh

[Warpy]

3. The Catholic majority on the present court will never admit it

but any church that is actively trying to get its dogma inserted into civil law to the extent Rome is should be taxed as a political organization.

Future courts are going to have to work full time to overturn the appalling decisions this court has made and will continue to make until the arch conservatives die off and are replaced.

[NMMNG]

6. Agreed

I find it appalling that churches can put so much money and muscle into things like ballot measures (Prop8 for example) while still remaining tax-exempt.

[rexcat]

8. They should lose their tax exempt status...

when they cross the line and advocate for a political party, a candidate or try to influence the outcome of an election.

[Jim__]

5. The question is when does political speech become express advocacy.

CA freely admits that it engaged in political speech. The IRS said that it engaged in express advocacy:

The agency asked Catholic Answers a number of questions -- "73 questions, including 28 discrete subparts" the petition said -- then ruled the voters' guide did not constitute a political expenditure because it didn't contain "express advocacy," but Keating's postings on Kerry and communion did contain express advocacy. The IRS ordered Catholic Answers to cough up excise taxes on the e-letters for 2004 and 2005 -- totaling a little more than $100.

...

"Catholic Answers would like to engage in substantially similar issue advocacy in the future but will not so long as it can have taxes assessed against it, be subject to another grueling investigation and possibly have its tax-exempt status revoked for such speech.

"Because the IRS did not change its position on whether Catholic Answers' e-letters a political expenditure and gave it an abatement rather than the refund it requested," the petition told the Supreme Court, "Catholic Answers has no assurance that this scenario will not happen again, and thus is chilled from engaging in substantially similar political speech."

If CA wins on this, tax exempt institutions will compete with corporations for complete control of the political process in the US. Since we're just about there anyway, I'm not sure how much real difference the decision will make.

[struggle4progress]

7. Catholic Answers’ lawsuit against IRS unlikely to succeed

By Kevin J. Jones

... the lawsuit’s success is “highly unlikely,” said Lloyd Hitoshi Mayer, a University of Notre Dame Law School professor.

“Except under relatively rare circumstances, none of which exist here, successfully obtaining Supreme Court review is unlikely because the Court denies most requests for review,” Mayer told CNA on Oct. 24. “It is even more unlikely in this case because both the trial court and the appellate court - without dissent - found that the case was moot.”

Even if the Supreme Court agreed to hear the case, he added, it would likely confirm the finding of the lower court and affirm the dismissal of the lawsuit without considering its constitutional claim ...

The IRS ordered the organization to pay excise taxes for 2004 and 2005. However, the IRS in 2009 decided to lift the excise taxes and pay interest to Catholic Answers because the alleged political activity was “not willful and flagrant,” the California Catholic Daily reports ...

http://www.catholicnewsagency.com/news/catholic-answers-lawsuit-against-irs-unlikely-to-succeed/