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New Guide Offered to Help Churches Stay Politically Involved, Law-Abiding

by Allie Martin
March 8, 2006
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(AgapePress) - - Recently the Internal Revenue Service released a report showing that nearly three quarters of 82 tax-exempt groups investigated during the 2004 elections took part in prohibited political activity. But now, churches and nonprofit organizations have a new resource to help keep them out of trouble with the IRS.

The IRS says several of the organizations and churches will probably lose their tax-exempt status, a fact that will very likely affect future contributions to these groups.

In an effort to help churches, ministries, and other faith-based institutions avoid such errors, The Rutherford Institute, a Virginia-based civil liberties organization, has issued guidelines regarding church or religious group-affiliated individuals' political involvement. The resource, entitled "The Rights of Churches and Political Involvement" [PDF], is designed to help members of congregations and other tax-exempt religious groups steer clear of prohibited political or legislative activity.

Jim Knicely, a Virginia attorney who works with the Rutherford Institute, feels it is important for churches and nonprofits to make sure they understand fully their legal rights and liabilities when it comes to political action and advocacy. "It's fine to encourage people to participate in the process," he says, "but the church itself should not be an organizing center for a candidate or a political campaign."

As far as engaging in partisan political activism or organizing, Knicely advises, "The parishioners need to do that on their own. The churches certainly can encourage people to get out there, but you've got to be careful not to cross the lines."

However, the Rutherford Institute lawyer points out, the Internal Revenue Service's crackdown does not mean churches and religious groups will have to forsake their constitutionally-protected rights. "We shouldn't let IRS scrutiny inhibit individuals in the church, including pastors of churches, from speaking out in their individual capacity," he says.

''The Rights of Churches and Political Involvement" addresses general church involvement in political or legislative activity, including the extent to which churches may criticize or endorse candidates and the legalities of distributing voter guides. The guide's legal presentation includes the latest Supreme Court decisions and most recent statutes and activities of the IRS.

The Rutherford Institute is providing this useful resource to help churches engage their culture boldly but lawfully. "It's important for everybody to be highly involved in the political process as good citizens," Knicely says, "and we want to make sure that, just because the IRS may have concerns, that it doesn't squelch or inhibit legitimate free speech."

The Institute encourages any churches or individuals with questions about their rights where political involvement is concerned to contact the organization's Legal Hotline at (434) 978-3888 or e-mail legal@rutherford.org.


Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.

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