Americans United Calls for Investigation of Two More Religious Nonprofits

Americans United For Separation of Church and State (AUSCS) today called on the IRS to investigate the voter guides of two religious nonprofits.  Here is the opening statement from the groups press release:

The Internal Revenue Service should investigate two prominent tax-exempt Religious Right groups that produced biased voter guides for the presidential election, according to Americans United for Separation of Church and State.

AUSCS.  AUSCS has previously called for the investigation of a church that allegedly endorsed Obama.  In today’s complaint, the organization asserts that the voter guides published by the American Family Association and Wallbuilders are [in the case of the AFA voter guide] “clearly constructed to persuade the group’s audience, which is made up almose exclusively of conservative evangelical Christians, to cast ballots for Mike Huckabee”  and [in the case of Wallbuilder’s voter guide,] “intentionally designed to promote the candidacy of Mike Huckabee.”  The complaint against AFA is available here and the complaint against Wallbuilders is available here.  Both sources provide links to the organizations’ allegedly improper voter guides.  From the looks of things last night, Huckabee could use all the help he can get, frankly.  But of course, federal law prohibits this sort of help [if the allegations are true].  I’ve been meaning to write an op-ed of sorts ever since we posted the saga regarding the Becket Fund’s open challenge to the IRS to sanction a Wisconsin Church for an openly poltical sermon.  AUSCA condemned that action as a publicitiy stunt.  I actually think there is a larger objection.  Pretty much anybody with any interest in these matters acknowledges in their heart of hearts that the prohibition against campaign intervention is unenforceable, if not unconstitutional, as applied to places of worship.  Thus, the Becket Fund “publicity stunt” actually demonstrated how the prohibition breeds disrepect for the law.  Why should we maintain a prohibition in the law that nearly everyone — even the IRS for Christ’s sake — agrees cannot be enforced!?  Perhaps it is a good thing in theory to prohibit all nonprofits from campaign intervention, but not everything can be achieved by law.  So long as we maintain a prohibition that is clearly unenforceable, we stoke the fires of disrespect that seep into other areas of the code and for the IRS.  Now, I know that some very smart people have proposed ways to police the prohibition even against houses of worship.  But those efforts are bound to fail, so long as we recognize the right to freedom of religion — religion which, as stated in many a judicial opinion is inherently intertwined with governance of the masses.  Religion inherently involves the governance of the masses so its religious to talk about government.  Sheeesh, we should get over it already and let religious organizations say whatever they want to say!  We only feed righteous indignation by pretending they are doing something wrong.  That’s just my two cents.  I just haven’t had time to write a more scholarly op-ed piece. 

dkj