Aprill and Tobin Weigh In on Obama Speech in WSJ Article
Two prominent nonprofit tax prof experts Ellen Aprill and Donald Tobin, weighed in today on the Barack Obama’s speech before the United Church of Christ last June. A story in today’s Wall Street Journal states:
Ellen Aprill, an associate dean at Loyola Law School in Los Angeles and a former adviser to the Treasury Department on matters including nonprofit tax law, says she believes those sermons are “clearly a violation. They’re naming names.” Donald Tobin, an associate dean at Ohio State University law school, who formerly worked for the Justice Department on nonprofit tax matters, adds that nonprofits cannot make endorsements or engage in a “pattern and practice that is designed to support one candidate over another.” After being read sections of the Trinity sermons by the Journal, he said, “There does seem to be a pattern of attempting to tip the scales in a way for Barack Obama. And churches shouldn’t be doing that.”
The story seems clear in indicating that it was the separate sermons of a United Church of Christ Pastor at a different church in Illinois — not Obama’s talk at the UCC 50th Anniversary Synod in Connecticut — that may have constituted unlawful campaign intervention. It also makes clear that nonprofits can invite candidates to speak so long as they do not discriminate and, through their discrimination, engage in campaign intervention. In a press release, Americans United for Separation of Church and State, take credit for the IRS’s more aggressive policicng of the prohibition. I still say this is much ado about nothing and will give better than even money that this too will go the way of dial-up internet. The watchdog group notes, however, that “the IRS has indicated,” Lynn continued, “that public officials can appear at religious gatherings to address issues even if they are candidates. However, the sponsoring group may not use the occasion to officially endorse or otherwise support the candidate’s campaign.” Perhaps Hillary and John should request equal time.
Hat tip to loyal reader “Drew” for the link to the WSJ article.
dkj