Freedom Outpost reported, "The Internal Revenue Service settled a lawsuit brought by the Freedom from Religion Foundation. The 2012 lawsuit was settled after the IRS agreed to monitor what is said in houses of worship, something that is a clear violation of the First Amendment, since no law can be written by Congress to this effect."
The Freedom From Religion Foundation, based in Wisconsin, brought the suit against the IRS, asserting that the group had been ignoring complaints that churches were violating their tax-exempt statuses. According to the group's suit, churches promote political issues, legislation, and candidates from the pulpit.
FFRF asserted, "Pulpit Freedom Sunday ... has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches."
FFRF claims that the churches are acting in violation of the 1954 Johnson Amendment, which states that non-profits cannot endorse candidates.
A 2009 court ruling determined that the IRS must staff someone to monitor church politicking, but the Freedom From Religion Foundation claims that the IRS has not been adhering to the ruling.
Erik Stanley, senior legal counsel for Alliance Defending Freedom and head of the Pulpit Initiative, told LifeSiteNews that "the IRS has no business censoring what a pastor preaches from the pulpit." Stanley states that his organization is currently "attempting to bring the era of IRS censorship and intimidation to an end by challenging the Johnson Amendment, which imposes unconstitutional restrictions on clergy speech."
He contends that churches should not have to choose between tax-exempt status and freedom of speech. "No one would suggest a pastor give up his church’s tax-exempt status if he wants to keep his constitutional protection against illegal search and seizure or cruel and unusual punishment," he said.
Stanley insists that not only would it be unfair for churches to have to choose between one or the other, but that "churches are automatically tax exempt out of recognition that the surest way to destroy the free exercise of religion is to begin taxing it." "Churches are constitutionally entitled to a tax exemption and that exemption cannot be conditioned on the surrender of constitutional rights."
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