The NY Archdiocese kicks off the fall season of illegal church electioneering

by Ken

Yes, ladies and germs, it's that time in the election cycle when the right-wing cahootsniks of the various law-snubbing faiths of American Religion Inc. do their darnedest to flaunt and flout every law and regulation on the books governing church participation in politics, one of the basic facts of the separation of church and state we theoretically insist on, in part as part of the exchange by which religious institutions enjoy their tax-free status.

Each time out we hear the most egregious of the horror stories, and vows to take it up with the IRS, which has jurisdiction over those tax exemptions. But nothing happens, because, after all, who is there in authority who's going to tell any church of any size, "Hey, you guys can't do that"?

With Cardinal Dolan having demonstrated his sway over both organized Republicans and Democrats at the recent nominating conventions, it seems fitting that the opening salvo of the 2012 religious-election-abuse season should be fired within the cardinal's very own archdiocese. Credit Americans United for Separation of Church and State with at least making an issue of it.

Barry Lynn, executive director of Americans United, is one of the good guys in American religion, a minister (United Church of Christ) who actually believes in the practice of religion consistent with basic American values -- as set out, you know, in the Constitution. His organization has put out the following press release.

Americans United Asks IRS To Investigate NYC Church That Endorsed Romney In Its Bulletin
Church-State Watchdog Group Says Church of Saint Catherine Of Siena May Have Violated Federal Law With Election Intervention

Sep 7, 2012

Americans United for Separation of Church and State today asked the Internal Revenue Service to investigate a New York City church that endorsed Republican presidential candidate Mitt Romney in its church bulletin.

The Church of Saint Catherine of Siena’s Sept. 2 bulletin contains a column by the Rev. John Farren, a member of the congregation’s pastoral staff. Titled “From Father Farren, O.P.,” the essay reprints an appeal by several former U.S. ambassadors to the Vatican calling on Catholics to vote for Romney.

The appeal, which Farren reproduced in full, criticizes the Obama administration and concludes, “We urge our fellow Catholics, and indeed all people of good will, to join with us in this full-hearted effort to elect Governor Mitt Romney as the next President of the United States.”

In a complaint to the IRS sent today, the Rev. Barry W. Lynn, executive director of Americans United, requested an investigation. Lynn noted that federal law forbids non-profit churches from intervening in elections. He also pointed out that IRS rules specifically state that tax-exempt entities may not reprint endorsements made by other groups and people.

“This is an audacious attempt by a tax-exempt church to intervene in the presidential election,” Lynn said. “This is a church, not a political action committee. It should play by the reasonable rules that other tax-exempt organizations follow.”

Americans United’s Project Fair Play encourages religious organizations to learn about the provisions of federal tax law. When churches or other religious groups flagrantly violate the law, AU files complaints with the IRS.

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

HERE'S THE TEXT OF THE LETTER
AMERICANS UNITED SENT THE IRS

Sept. 7, 2012

Lois G. Lerner, Director
Exempt Organizations Division
Internal Revenue Service 1111 Constitution Ave., N.W.
Washington, D.C. 20224

Dear Ms. Lerner,

I believe the Church of Saint Catherine of Siena in New York City may have violated federal tax law by intervening in the presidential campaign. I’m writing today to urge you to investigate this matter.

A church bulletin dated Sept. 2, 2012, contains a column authored by the Rev. John Farren titled “From Father Farren, O.P.” The column, which appears on page three of the bulletin, reprints a letter that was issued by several former U.S. ambassadors to the Vatican calling on Catholics to vote for Mitt Romney for president.

The letter that Farren reproduces in whole contains a lengthy attack on the Obama administration and concludes, “We urge our fellow Catholics, and indeed all people of good will, to join with us in this full-hearted effort to elect Governor Mitt Romney as the next President of the United States.”

I have enclosed a copy of the entire bulletin. The letter reproduced within it contains a clear, unambiguous endorsement of Romney. A tax-exempt organization may not reproduce a letter like this, which is obviously designed to intervene in the presidential election.

Farren’s claim that the letter deals with issue of religious freedom is no defense. The central thrust of the letter is to endorse Romney.

Nor is the fact that the letter was produced by others a defense. The IRS publication “Election Year Activities and the Prohibition on Political Campaign Intervention for Section 501(c)(3) Organizations” (FS-2006-17, February 2006) is clear on this matter. It states, “Distributing statements prepared by others that favor or oppose any candidate for public office will also violate the prohibition.”

I believe use of the church bulletin in this manner by the Church of Saint Catherine of Siena may amount to a violation of federal law. I urge you to promptly investigate this incident. The Church of Saint Catherine of Siena’s address is: 411 E. 68th Street, New York, NY 10065-6305. Telephone: (212) 988-8300.

Sincerely,

Barry W. Lynn
Executive Director

My guess is that the NY Archdiocese will promote a bit more discretion among its people. There are ways of getting the message across, after all, without being quite so flagrant. Meanwhile, a tip: Don't hold your breath waiting for the IRS to spring into action.

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