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Unholy War: FFRF Sues the IRS & Wages Attack Against Billy Graham Over Religious Groups’ Alleged Political Endorsements

Nov. 19, 2012 8:07am Billy Hallowell

Atheist activists are less-than-content over some churches’ and religious institutions’ handling of the 2012 presidential campaign season — particularly when it came to perceived candidate endorsements. In fact, secularists are so frustrated that the Freedom From Religion Foundation (FFRF), a non-theist activist nonprofit, is suing the Internal Revenue Service (IRS) in an effort to force the government’s hand to ensure that churches uphold tax law.

Last Tuesday, the FFRF filed its lawsuit in U.S. District Court in Wisconsin, according to a press release published by the organization. In the complaint, the group claims that the IRS has not been enforcing regulations surrounding how churches and religious entities handle candidate endorsements during election seasons. As a result, the atheist group believes that the IRS has violated both the Establishment Clause and the FFRF’s own “equal protection rights.”

FFRF Sues the IRS Over Churches Alleged Political Endorsements

Photo Credit: AP

The press release further explains what the atheist group is seeking through its legal complaint:

A widely circulated Bloomberg news article quoted Russell Renwicks, with the IRS’ Tax-Exempt and Government Entities division, saying the IRS has suspended tax audits of churches. Other sources claim the IRS hasn’t been auditing churches since 2009. (See AP Religion Writer Rachel Zoll’s story, “IRS Not Enforcing Rules on Churches and Politics.”) Although an IRS spokesman claimed Renwicks “misspoke,” there appears to be no evidence of IRS inquiries or action in the past three years. [...]

FFRF, a state/church watchdog based in Madison, Wis., is asking the the federal court to enjoin IRS Commissioner Douglas Shulman from continuing “a policy of non-enforcement of the electioneering restrictions against churches and religious organizations.”

Additionally, FFRF seeks to order Shulman “to authorize a high-ranking official within the IRS to approve and initiate enforcement of the restrictions of §501(c)(3) against churches and religious organizations, including the electioneering restrictions, as required by law.”

In October, TheBlaze reported that the IRS has temporarily suspended church audits. On his blog “Religion Clause, Howard Friedman, professor of law emeritus at the University of Toledo, explained this change, which is apparently based upon a 2009 court case — and an influx of complaints against churches that have become too politically active:

BNA Daily Report for Executives dated 10/22/2012…reports that the the Internal Revenue Service has temporarily suspended tax audits of churches pending final adoption of IRS rule changes to clarify which high level Treasury official has authority to make a determination under IRC Sec. 7611 that there are reasonable grounds to begin a church tax inquiry…At an American Law Institute Continuing Legal Education conference, IRS speaker Russell Renwicks, area group manager from the Mid-Atlantic region of the Tax-Exempt and Government Entities division, said the IRS has been bombarded with complaints about churches becoming involved in the elections, but it has been unable to respond even to potentially egregious cases. The rule changes are necessitated by a 2009 Minnesota federal district court ruling…

It seems that part of the FFRF’s complaint and call for a “high-ranking official” within the IRS to combat purported church abuses is predicated, at least in part, on this development (read the entire report for more about the suspension of church audits).

Among the issues cited in the FFRF complaint was The Billy Graham Evangelistic Association’s (BGEA) controversial, full-page ad in The Wall Street Journal, among other outlets. The text associated with the ad makes some bold proclamations, while encouraging people to “vote for biblical values.”

As TheBlaze noted when the ad came out: While Graham doesn’t officially endorse a candidate by name, his focus upon these issues [gay marriage and abortion] leads one to assume that Republican candidate Mitt Romney was his choice. The BGEA isn’t the only focus of the complaint. According to the press release, the FFRF has sent 27 complaints in 2012, alone, about other alleged violations.

Photo Credit: The Billy Graham Evangelistic Association

One additional example that the organization notes is Peoria, Illinois-based Bishop Daniel R. Jenky, who made some divisive comments about President Barack Obama earlier this year. He said that the president is on a “similar path” to Hitler and Stalin, among other controversial statements.

The FFRF argues that by not going after alleged violations like Graham’s and others like it that the IRS is giving churches and religious groups “preferential treatment.” The activist organization notes that these organizations benefit handsomely from tax exemptions, but that, unlike secular groups, they are being permitted to become more politically engaged.

TheBlaze reached out to the IRS to speak further about the court case (FFRF vs. IRS), however we have not yet heard back from officials regarding two key questions: Is the IRS currently investigating churches? and Did official investigations of church tax violations stop in 2009? A representative told TheBlaze in a phone conversation on Thursday that she would track answers down, however a response has not yet followed.

As for the FFRF, TheBlaze also reached out to speak with a representative at the organization’s Madison, Wisconsin-based headquarters. A receptionist consulted with staffers and quickly explained that the organization is not willing to speak with TheBlaze about the complaint; she subsequently hung up.

Photo Credit: AP

To understand what’s underlying the recent lawsuit, it’s important to discuss a number of other recent developments. As TheBlaze has reported in the past, the “Johnson Amendment” is an IRS code that was created in 1954. For the past 60 years, the controversial regulation has governed how charities and churches — 501(c)(3) organizations — can handle political partisanship.

The code explicitly prohibits non-profit organizations from engaging in campaign activity (this includes churches), essentially preventing preachers from endorsing candidates from the pulpit. Rather than declining in prevalence over time, this regulation has actually been strengthened. The last change was made to it back in 1987, when the amendment’s language was tightened to clarify that the restrictions should also cover statements and stances that rail against candidates (previously it was interpreted to only stand for statements that supported specific candidates).

TheBlaze has regularly covered the annual ”Pulpit Freedom Sunday” event, which is organized by pastors across America to rail against the Johnson Amendment — a provision that some believe hampers free speech. The goal of the project is to incite the IRS to investigate (participating pastors mail videos of their politicized sermons to the IRS) churches on these grounds so that the decades-old regulation can be challenged in court.

Naturally, the FFRF, also a 501(c)(3) and subject to the Johnson Amendment, stands against the Pulpit Freedom Sunday event. Now that the group is calling upon the IRS, it will be interesting to see how these houses of worship are treated by both the judge(s) hearing the case and by the government institution as well.

–

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Comments (90)

Waterlylys
Posted on November 19, 2012 at 10:12am
The evangelical nature of the “non-theists” is hilarious. They are doing what they claim to hate. They don’t want freedom from religion they want to make religion illegal. They are a radical hate group in every sense of the word and are no better than the Westboro Baptist Church.

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- termyt
  Posted on November 19, 2012 at 12:02pm
  They might have something to complain about if the IRS was actually going after anyone. Maybe they are, but Media Matters is hardly non-partisan and we’ve seen no investigation of them, either.
  
  If they take a fine-tooth comb to churches, I hope they run the same comb through the FFRF.
  
  Report this comment
- Small_Al
  Posted on November 19, 2012 at 12:34pm
  Have Aethists never heard of free speech? Read fresh political commentary at: http://smallcraftadvisorychronicles.blogspot.com/
  
  Report this comment
- The_Cabrito_Goat
  Posted on November 19, 2012 at 1:18pm
  This entire debate is flawed from the get go, and stupid all through out. There is no difference in tactics between the FFRF and PETA, shock and awe, and annoy. Ever heard of the Fabian society? Look it up.
  
  Report this comment
- banjarmon
  Posted on November 19, 2012 at 1:22pm
  Just wondering about the churches of bho’s race that told their members to vote liberal….Hummmm Just wondering.
  
  Report this comment
AllLost
Posted on November 19, 2012 at 10:05am
Congress shall make no law….go to hell IRS.

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- doomytram
  Posted on November 19, 2012 at 10:15am
  Obozo’s Obamacare hired 10,000 IRS agents to go after Obozo’s Political enemies. Obozo follow’s the communist ideology when it comes to his gigantic federal gov’t. He uses the IRS and Courts to get his enemies. PERIOD.
  
  Report this comment
- VanceUppercut
  Posted on November 19, 2012 at 10:32am
  @doomytram
  
  And yet there have been no church audits since 2009. So much for the “war on religion”.
  
  Report this comment
BigPawz
Posted on November 19, 2012 at 10:05am
When are these atheist ******** going to realize that freedom of religion does not apply to them since they have no religion to start with? Why did they bother preaching their philosophy of hate? Why did they insist on forcing their views on the rest of us when we do not really care to listen to the drivel that they come up with? Since when, in a God-fearing nation, did anybody ever give credence to the rantings and ravings of one of these Satan-influenced lunatics?

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- ohnomrbill
  Posted on November 19, 2012 at 7:50pm
  how is this a good fearing nation never heard that but from the god fearing population. You go ahead fear your god. I don’t fear My god because theres nothing scary about him as long as I do the right thing in my life
  
  Report this comment
thetruthlives
Posted on November 19, 2012 at 9:54am
obama is satan or he works for him…..

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- BigPawz
  Posted on November 19, 2012 at 10:08am
  What does this have to do with Obama? I am not defending the guy but this is an atheist butthead or group of buttheads beating their gums uselessly. This article had absolutely nothing to do with Obama. Stay on topic people, please.
  
  Report this comment
- Michael
  Posted on November 19, 2012 at 10:35am
  julian assange is satan, obama is a demon working for satan. Read the “anonymous” mission statement, they say it clearly, “We do not forgive, we do not forget, we are legion, expect us”. They have declared war against Israel and war against Christianity and war against religion. Androgenous, I mean anonymous are evil and they are demons.
  
  Welcome to the spiderweb
  
  Report this comment
- Pnis
  Posted on November 25, 2012 at 8:21am
  BigPawz – Because every story devolves into Obama is a Muslim/atheist/communist/Marxist/Satan. Welcome to the Blaze!
  
  Report this comment
TeresaJ
Posted on November 19, 2012 at 9:37am
I guess we should label FFRF as a hate group? Buzz words are the in thing.

The IRS law is illegal anyway, but in the case of Billy Graham, that is beside the point. He said “Vote the Bible,” which is clearly freedom of religion. It does not specify any particuliar candidate. If one candidate follows more Biblical values over another, well now, we can’t be crying foul, can we?

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- Bobj_1960
  Posted on November 19, 2012 at 10:09am
  I agree that the IRS law is not only illegal but unconstitutional as well. The constitution states that the government will not form a state religion. It also guarantees freedom of speech and freedom to exercise religion of your choice (all this in ONE Amendment). By law, churches are legal entities (same as corporations) and are entitled to state their opinions.
  
  Report this comment
EqualJustice
Posted on November 19, 2012 at 9:34am
Every day since Obama won, there has been another “outrageous” move by him and his administration. He isn’t waiting for anything to ‘shove’ us forward now, forget the nudge! Check out the NEW regulations… hahahaha Oh Lord, we’re in big trouble. http://www.regulations.gov/#%21home;tab=search

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- Chuck Stein
  Posted on November 19, 2012 at 3:55pm
  Their theory: If you blacken the sky with arrows, some are sure to get through.
  
  Report this comment
Eastinfection
Posted on November 19, 2012 at 9:08am
The weird thing is.. there’s nothing to stop someone from starting the “Church of Obama” ..and claiming he is a Deity.
Wonder how they would handle that?

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- Tractorboy
  Posted on November 19, 2012 at 10:34am
  Eastinfection, Just as during the roman empire, Caligula, declared himself a living god,(BTW many parallels there during his rule, History Channel had a fine program on this) shouldn’t be long before Obama does the same, It does seem however the America culture is moving in a direction of a religion called “spititual Humanism” here is link, spiritualhumanism.org all you atheist who say atheisim is not a religion, well dispite what you proclaim, you’re going to be spoken for, also a look at the blaze article.
  
  The FFRF argues that by not going after alleged violations like Graham’s and others like it that the IRS is giving churches and religious groups “preferential treatment.” The activist organization notes that these organizations benefit handsomely from tax exemptions, but that, unlike secular groups, they are being permitted to become more politically engaged.
  
  “Secular Groups” sure looks like the formation of religion, along with the symbols and penants they now use to show allegiance………Nature hates a vacuum, when Christianity is stomped out because there is money and power in Christianty,(evil can’t stand the faith or good deeds of it) the replacement with be “spiritual Humanism”, America is turning into a large cult…..Stay strong my brothers and sister in Christ. God Bless
  
  Report this comment
- Eastinfection
  Posted on November 19, 2012 at 1:22pm
  Well said, TRACTOR.
  
  Good observations all-around… Seculars that engage in humanistic cult-like activities do emulate religion… and sooner or later they will figure out that filing their non-religion as a religion (some already do) will save them $$ on taxes…. Solution is taxing everyone- NO TAX- EXEMPT STATUS for anyone…. rich, poor, secular, theistic, … whomever. we should ALL have “skin in the game”.
  
  of course… we know this logic is just a fantasy… :(
  
  Report this comment
patriotette
Posted on November 19, 2012 at 9:07am
This article is another glaring example of ignorance in American History and the Constitution. This is what comes of skipping over Thanksgiving and not observing such an important day reflecting on the sacrifice for freedoms of those who gathered on that original day. The definition of Pilgrim- “a person who journeys, especially a long distance, to some sacred place as an act of religious devotion” The Pilgrims left England in search of religious freedom and found it in the new world “Ameirca” so even before the constitution was written this country was birthed from those who believed that people have the right to religious freedom without pursecution to worship, speak and pray. If you choose NOT to avail yourself of those rights that is your choice… just don’t use it as a bully club on mine.

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- damnedifwedont
  Posted on November 19, 2012 at 12:00pm
  Well said,my Dear.
  
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I Aint PC
Posted on November 19, 2012 at 9:02am
The original political meeting places in America were the churches. Those preaching are covered by the same First Amendment as the congregation and the same First Amendment as the non-believers. They have Freedom of Speech. Talking about, or endorsing an particular candidate or party is covered by the Constitution. Here is an example where the IRS has overstepped its bounds. If the FFRF wants to to sue Billy Graham, they need to sue Rev Wright, Jesse Jackson, Al Sharpton, and Louis Faricon for the endorsements they make on a regular basis.

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- DadRocked
  Posted on November 19, 2012 at 9:11am
  Right On !
  
  Report this comment
- Bobj_1960
  Posted on November 19, 2012 at 10:10am
  Ditto
  
  Report this comment
- carolewash
  Posted on November 19, 2012 at 10:59am
  Thank You. That is 100% correct!
  
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toiletclogga
Posted on November 19, 2012 at 8:58am
Taxes, schmaxes. God sides with the righteous! If we have to pay taxes, we have to pay taxes. The word of God will not be silenced. Our reward is not in this life, but in the next!

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teammommy
Posted on November 19, 2012 at 8:55am
So the USA can non-inforce immigration laws and its OK right? And if there were a group to sue over the non inforcement they would be intolerant right? SO whats the diff? WHy not shout and yell intolerance? Funny the tolerant screaming left accused of intolerance. They wouldnt be able to flip or fly….hung em up.

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SamIamTwo
Posted on November 19, 2012 at 8:54am
I say take em on. Sick and tired of losing my rights under the constitution. And it is freedom of religion, not from religion. Nutters, neanderthal mental midgets have not evolved one iota. Nazi like behavior will not be rewarded in the end chumps…evil creeps!!

I have wasted enough time praying for the swines, so now I gather up my pearls for praying God’s will be done, ASAP! Beam me up Lord, there is no intelligent life down here.

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- ModerationIsBest
  Posted on November 19, 2012 at 9:46am
  Another religious loon waiting for the apocalypse which means the death of billions of people.
  
  You people disgust me with how gleefully you look forward to the death and torment of others.
  
  Report this comment
- SacredHonor1776
  Posted on November 19, 2012 at 9:54am
  Not Moderate, if you don’t believe in an apocalypse, why do you even worry about death of billions happening from it?
  
  Seems like irrational fear, and loathing.
  
  Report this comment
- DeavonReye
  Posted on November 19, 2012 at 10:54am
  sacred, . . . are you aware of the zionists who are actively working towards things that WILL cause chaos in the middle east, . . . . which will probably spread world wide? It has nothing to do with “believing in an apolocypse”. It is about those who are doing their part to MAKE it happen. As a result, countless numbers will be killed as a result.
  
  Report this comment
- SacredHonor1776
  Posted on November 19, 2012 at 11:45am
  So you are saying that Jews are like the Muslims who are actively working to create an apocalyptic style event? Like the 12 Imamers?
  
  Report this comment
- DeavonReye
  Posted on November 19, 2012 at 12:05pm
  From what I understand from the Zionist movement, they want to bring all Jews back to Israel, and are wanting to rebuild Solomon’s temple, . . . I THINK, . . . .where the Dome of the Rock is. Not sure if it is a Jewish or Christian based movement.
  
  Report this comment
truthsurfer
Posted on November 19, 2012 at 8:51am
These losers are all a front for the god hating demoncrap party. I would it if one of these losers were hanging from a cliff and said god help me and god replied I do not exist in your eyes so have a nice fall or better yet created a nice isolated earthquake to that cliff.

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- captured sailor
  Posted on November 19, 2012 at 9:29am
  To say that all Democrats are God hating is pretty ridiculous, and to think that hanging from a cliff and being able to ask God to save you would work, is also pretty ridiculous. God, if he or she exists, doesn’t work that way, don’t Christians die every day even though they pray to God?
  
  Report this comment
Eastinfection
Posted on November 19, 2012 at 8:47am
This easily solved by ending the tax exempt status for churches.
Ditto professional sports…

These organizations can then speak their mind without fear of Constitutional contradictions.

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- Beachmastermax
  Posted on November 19, 2012 at 10:00am
  So how does taxing churches give them free speech? Sounds like a hammer to me. Don’t like what the pastor say’s…get a visit from the IRS. This is King George policy.
  
  Report this comment
- Eastinfection
  Posted on November 19, 2012 at 1:14pm
  BEACH.. the only reason they can’t endorse candidates is BECAUSE of their tax- exempt status…
  
  it’s basically a deal they have made with the devil. The devil being the “State” (Fed)
  
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- From Virginia
  Posted on November 21, 2012 at 4:56pm
  @East – Tell that to all the black churches that the donkeys go to to get their endorsements. They actually have candidates in the churches – at the pulpit saying, “vote for me!”
  
  Until that’s addressed I don’t even want to hear about it.
  
  Report this comment
TheEndIsComing
Posted on November 19, 2012 at 8:44am
A civil war is right around the corner – constitutionalists vs anarchists, takers vs makers, moral Christians vs the disgusting amoral, not sure exactly how it will be framed, but it’s sure to be awful and very violent. Get ready people!!! You who live in the city are VERY vulnerable. You rely on the government and others for EVERYTHING – water, electricity, food, sewer, protection. IT’S RIGHT NOW THAT GOD HAD GIVEN US THAT LITTLE WINDOW OF TIME – CALL IT GRACE – TO GET PREPARED. Are you squandering that time? You are going to wish you hadn’t very soon. GET OUT OF THE CITIES TO THE COUNTRY AND GET SELF SUFFICIENT.

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- Landon410
  Posted on November 19, 2012 at 8:54am
  it wouldn’t last very long….. all the “makers” have all the guns..
  
  I don’t know any “takers” that have a firearm collection like myself, or that can hit an apple at 200 yards, or that can pull a compact sidearm and put 7 rounds in a volleyball in seconds at 15 yards…
  
  and I know hundreds and hundreds of people just like me that can do the same, and some that can do it even better at greater ranges
  
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- TheEndIsComing
  Posted on November 19, 2012 at 9:46am
  Unfortunately the takers are likely to have Obama on their side, along with the Department of Homeland Security, and all of the other government departments that have recently purchased the millions of hollow point bullets.
  
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momrules
Posted on November 19, 2012 at 8:44am
A lot of good Christians have finally awakened and said NO to being intimidated by the government. The FFRF and other atheist groups that have always depended on the government being in their back pocket can’t have that so they sue the government.
This is no surprise at all.

God bless every outspoken Christian. We need more, not fewer, of them. Keep spreading the truth. Time is short.

God bless Israel.

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- seek.the.truth
  Posted on November 19, 2012 at 9:43am
  Amen X3!
  
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Truthurts
Posted on November 19, 2012 at 8:41am
Would anyone here be surprised if the IRS decides to come down on politicized churches, that only white churches will be involved and predominantly black churches will remain uninvestigated? I guess that would be socially justifiable. Right? Wrong! Social justice is neither social nor just. It is socialist injustice.

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Locked
Posted on November 19, 2012 at 8:34am
I’m of two minds. Tax law is pretty clear: if you endorse a candidate from the pulpit, you lose tax=free status. Now, the bigger questions are: has this happened? And if so, is it unconstitutional? AFAIK, the “no supporting candidates from the pulpit” rule came around a few decades ago, but hasn’t faced judicial scrutiny. I’d like a SCotUS case to find out if it is indeed unconstitutional.

Of course, the obvious answer for any church worried about this is to say “To hell (literally) with our tax free status. If it comes at the price of limiting the word of God, we’ll pay taxes and preach the truth!”

Haven’t seen many churches do that yet. Perhaps some day…

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- Gonzo
  Posted on November 19, 2012 at 8:43am
  Hear Hear!
  
  Report this comment
- Pantloadian
  Posted on November 20, 2012 at 11:57am
  You don’t have to wait for the answer . . . zero. Mammon didn’t die on the cross. And so it rules today. Merry Xmas.
  
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UpholderOftheConstitution
Posted on November 19, 2012 at 8:32am
The FFRF can go to hell.

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- rickc34
  Posted on November 19, 2012 at 8:35am
  Well they are already heading there, it is their own choice.
  
  Report this comment
- Snowleopard {gallery of cat folks}
  Posted on November 19, 2012 at 8:41am
  In the fullness of time they will have to account for all their choices and actions in life.
  
  Report this comment
- DeavonReye
  Posted on November 19, 2012 at 9:59am
  Really? Someone reported my post. You DO realize that it is the truth, if you’re right. Don’t you? If it offended you, then you need to realize that your offense isn’t with me.
  
  Report this comment
denkat56
Posted on November 19, 2012 at 8:28am
Only billy Graham group gets taken to court, how about Jeremiah wrights group, or the Catholic church, or all Baptist , it’s funny how these people are politically motivated . How about the Muslims.

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- moreteaplease
  Posted on November 19, 2012 at 10:14am
  That’s what I was thinking as well. How about Louis Ferrycon?
  
  It’s funny how these ungodly groups holler about equality and justice for all but only when it serves their purposes. Oh well, whatever, God wins in the end and that’s all that matters and I think they know it and that’s why they are getting their panties in a wad.
  
  God cannot be silenced.
  
  Report this comment
grimmster
Posted on November 19, 2012 at 8:24am
If you proof of evil, go visit these morons (FFAF) on their facebook page. Just post something and watch the feeding frienzy.Atheists are just that for one reason, they prefer to no only be imoral,but amoral as well. These people do anything that is opposite of the teachings in the bible,and this, i believe is why the hate “religion” so much.Just one more reason to purge this planet of evil…….

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- Locked
  Posted on November 19, 2012 at 8:30am
  “If you proof of evil, go visit these morons (FFAF) on their facebook page.”
  
  … you mean FFRF?
  
  Report this comment
- SamIamTwo
  Posted on November 19, 2012 at 9:08am
  I don’t think we will be doing the purging. It will be a God thang! So I rest in the hands of the Lord and wait for His plan to unfold and pray that I will be allowed to join Him in His good and glorious works…and these nutters must be part of His plan. He allows it for His purpose. End times stuff…Beam me up Lord, there is no intelligent life here!
  
  Report this comment
oldguy49
Posted on November 19, 2012 at 8:19am
i was raised in a religious home and as soon as i see these people go after islam with equal zeal i will take notice of there aurgument….until then……………so far i just see it as a cordinated effort with islamic forces to try to get rid of christianity

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Gonzo
Posted on November 19, 2012 at 8:17am
Unfortunately, these kinds of threats have already silenced far too many pulpits. When there is a clear demarcation between good and evil in the two parties or candidates, good men can’t stay silent! Nevermind the consequences, tell the truth and do the right thing.

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700P
Posted on November 19, 2012 at 8:16am
So when Obama’s buddy Father Fleger gets politically involved, which is mainly the purpose of his existence, there is no problem at all. This is a classic “Night of the Long Knives” to consolidate Progressive Power and silence dissent post-election.

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- may40
  Posted on November 19, 2012 at 8:34am
  That’s what I’ve been asking, the black ministers can say what they want from the pulpit and these groups just turn a blind eye. Give me a break. This is quite sickening!
  
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Gary S
Posted on November 19, 2012 at 8:15am
Bring it on roaches. Many churches have been waiting to hammer the IRS; but get it done before the ****** packs the Supreme Court.

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