A Christian legal group submitted a Freedom of Information Act request this week after learning of IRS plan to investigate churches.
This follows an IRS decision to settle a lawsuit with a secular organization. The Freedom from Religion Foundation (FFRF) filed suit against the IRS claiming it failed to review churches the way the group would like. According to FFRF, the IRS has “adopted procedures for reviewing, evaluating and determining whether to initiate church investigations.”
What the IRS intends to do to churches “must be brought into the light of day,” said Alliance Defending Freedom (ADF) attorney Christina Holcomb.
“Secrecy breeds mistrust,” Holcomb said. “The IRS should know this in light of its recent scandals involving the investigation of conservative groups. We are asking the IRS to disclose the new protocols and procedures it apparently adopted for determining whether to investigate churches.”
FFRF claimed the IRS failed to investigate “open and notorious politicking by churches” during Pulpit Freedom Sunday. The annual event — launched by ADF in 2008 — encouraged pastors to speak publicly from the pulpit on political issues from a biblical standpoint. This year’s event will take place Oct. 5.
The IRS claims it is temporarily halting investigations of all tax-exempt organizations in light of the recent scandals. Last spring, the agency admitted it was wrong to target nonprofits with the words “Tea Party” or “patriot” during the 2012 election season. Since then, several conservative groups reported such harassment.
In a news release, FFRF says the annual Pulpit Freedom Sunday event violates the Johnson Amendment. Passed by Congress in 1954, the law revised the tax code to threaten churches with the loss of their tax-exempt status — if they speak out for or against political candidates or issues.
“The IRS cannot force churches to give up their precious constitutionally protected freedoms to receive a tax exemption,” said ADF Senior Legal Counsel Erik Stanley, who heads the Pulpit Freedom Sunday event. “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. Likewise, no one should be asking him to do the same to be able to keep his constitutionally protected freedom of speech.”
FOR MORE INFORMATION
Read the ADF’s FOIA request in the Freedom From Religion Foundation v. Koskinen case.
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