Dispute erupts when bishop criticizes assault on religious liberties
By Dave Tombers
While a group that opposes expressions of Christianity in public
forums wants the IRS to use its formidable power to crack down on what
pastors say, one legal foundation says, “Bring it on,” promising a
“legal war” if churches are attacked on such issues.
Americans United for the Separation of Church and State Executive
Director Barry Lynn recently wrote a letter to the IRS demanding help in
quashing the speech of a leader in the Roman Catholic Diocese in
Peoria, Ill.
The April 19 letter calls a recent homily given by Bishop Daniel
Jenky a violation of IRS regulations relating to the tax-exempt status
of the church, because Jenky cited atrocities of past governments,
specifically naming Hitler and Stalin, and then cited the failings of
the Obama administration.
The homily was also reprinted in the Catholic Post, and urged
Catholics to stand by their religious convictions, even outside the
walls of the church.
“Hitler and Stalin, at their better moments, would just barely
tolerate some churches remaining open, but would not tolerate any
competition with the state in education, social services, and health
care,” he said.
“In clear violation of our First Amendment rights, Barack Obama –
with his radical, pro-abortion and extreme secularist agenda, now seems
intent on following a similar path,” the homily says.
The homily included the plea, “Now things have come to such a pass in
America that this is a battle that we could lose, but before the
awesome judgment seat of Almighty God this is not a war where any
believing Catholic may remain neutral.”
Jenky even included a dire prediction for the nation if Catholics don’t stand by their convictions.
“This fall, every practicing Catholic must vote, and must vote their
Catholic consciences, or by the following fall our Catholic schools, our
Catholic hospitals, our Catholic Newman centers, all of our public
ministries – only excepting our church buildings – could easily be shut
down.
“Because no Catholic institution, under any circumstance, can ever
cooperate with the intrinsic evil of killing innocent human life in the
womb,” he said.
He was opposing the Obamacare mandate that employers, including schools, hospitals and others, pay for abortions for employees.
American’s United tells the IRS that this homily puts the Catholic
bishop afoul of the law, and demands that an investigation of the priest
be undertaken.
In the letter to the IRS, AU says in part, “Bishop Jenky compared
Obama to Hitler and Stalin and accused him of pursuing policies that
will close Catholic institutions.
“Moments later he exhorted members of his flock not to vote for candidates who fail to uphold Catholic values.
“It is impossible to interpret this as anything but a command to vote against Obama,” Lynn said.
The Thomas More Society says that the law and the Bill of Rights is
on the bishop’s side, and promises a “free and aggressive legal defense
to any religious leaders targeted or victimized for the robust exercise
of their free speech rights.”
“The Internal Revenue Service has no legal right to investigate, let
alone threaten or penalize the Catholic Diocese of Peoria for illegal
‘electioneering’ after Bishop Daniel Jenky, C.S.C., referred to policies
of Adolf Hitler and Joseph Stalin while delivering a robust, wholly
legitimate critique of current federal efforts to quash and curtail
religious liberties,” says Thomas Brejcha, president of the Thomas More
Society.
“References to egregious, historical mistakes on the part of
political leaders of the past in messages to congregations, even in an
election year, are fully protected by the First Amendment, whether those
messages are delivered from the pulpit or on soap boxes in the public
square,” he continued.
“We think the law is very clear,” said Brejcha.
“Well-settled federal law does
not prohibit churches and other
tax-exempt non-profits from speaking out against government policies at
odds with the common good or – as in this case – constitutionally
obnoxious.”
“Where would the civil rights movement have been were it not for the
courage of those of our religious leaders who spoke truth to power on
behalf of the disenfranchised?” Brejcha added.
“When Bishop Jenky said, ‘…every practicing Catholic must vote, and
must vote their Catholic consciences…,’ he’s simply telling people that
their religious convictions and values matter outside the church walls,”
said Brejcha.
Twice recently the Thomas More Society has faced down the IRS on
behalf of religious groups. The society said one case was when the IRS
was holding up approval of the Coalition for Life of Iowa’s request for
tax-exempt status, while simultaneously pressing its pro-life members to
stop conducting prayer vigils outside a Planned Parenthood abortion
facility in Iowa City.
“After TMS challenged the IRS’s legal position, the service’s demands
to stop the picketing were suddenly dropped and the Coalition promptly
received IRS approval for tax-exempt status,” the organization reported.
In another case the group challenged the IRS for “highly improper
demands” made by the agency about prayer vigils conducted by the
Christian Voices for Life.
Upon being challenged, the agency backed down.
Exemption from tax on corporations, certain trusts, etc.
(c)
List of exempt organizations
(3)
Corporations, and any community chest,
fund, or foundation, organized and operated exclusively for religious,
charitable, scientific, testing for public safety, literary, or
educational purposes, or to foster national or international amateur
sports competition (but only if no part of its activities involve the
provision of athletic facilities or equipment), or for the prevention of
cruelty to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, no
substantial part of the activities of which is carrying on propaganda,
or otherwise attempting, to influence legislation (except as otherwise
provided in subsection (h)), and which does not participate in, or
intervene in (including the publishing or distributing of statements),
any political campaign on behalf of (or in opposition to) any candidate
for public office.
