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Vol. 29 No. 9 Published by the Freedom From Religion Foundation, Inc. November 2012 FFRF sues IRS to enforce ban on church electioneering

The Freedom From Religion Found- FFRF is asking the federal court to ation has filed a historic challenge by enjoin the IRS commissioner from suing the Internal Revenue Service continuing “a policy of non-enforce- over its failure to enforce electioneer- ment of the electioneering restrictions An FFRF member sent this photo taken on Oct. 22 at the First Conservative ing restrictions against churches and against churches and religious organi- Baptist Church in Jacksonville, Fla., as an example of church electioneering. religious organizations. zations.” There was also a Romney for president sign and one that said, “If you want to Calling the lack of enforcement a Additionally, FFRF seeks to order the keep your job, pray the president loses his job.” violation of the Establishment Clause IRS “to authorize a high-ranking official of the First Amendment and of FFRF’s within the IRS to approve and initiate en- equal protection rights, the state/ forcement of the restrictions of §501(c) of §501(c)3.” FFRF is regularly contact- Website swamped church watchdog filed the lawsuit Nov. (3) against churches and religious orga- ed by its members and members of the 14 in U.S. District Court for the West- nizations, including the electioneering public over specific and general viola- After news of the lawsuit became the ern District of Wisconsin. restrictions, as required by law.” tions of church electioneering restric- No. 1 item on Reddit, an online social A widely circulated As many as 1,500 clergy reportedly tions, and FFRF staff attorneys regu- network, almost 70,000 people flooded article quoted Russell Renwicks of the took part in a mass violation of the larly ask the IRS to investigate such FFRF’s website to read about the case. IRS Tax-Exempt and Government En- electioneering restrictions on Sun- violations. Unfortunately, the spike took down tities division, saying the agency has day, Oct. 7, notes the legal complaint, This non-enforcement “constitutes the site intermittently. suspended tax audits of churches. Al- which also references “blatantly politi- preferential treatment to churches and Attorney Richard L. Bolton, the liti- though an IRS spokesman claimed cal” full-page ads by the Billy Graham religious organizations that is not pro- gator, who is with Boardman Law Firm Renwicks “misspoke,” there appears Evangelical Association running on vided to other tax-exempt organiza- in Madison, Wis., and has been work- to be no evidence of IRS inquiries or the three Sundays leading up to the tions, including FFRF,” the complaint ing with FFRF for more than a decade, enforcement action in the past three Nov. 6 election. notes. “Churches and religious orga- reported receiving almost 100 adula- years. “[I]n recent years, churches and nizations obtain a significant benefit tory emails from strangers around the Other news sources, such as The religious organizations have been bla- as a result of being non-exempt from world, thanking him for his role in the Associated Press, claim the IRS hasn’t tantly and deliberately flaunting the income taxation, while also being able case. Bolton said this is unprecedented been auditing churches since 2009. electioneering restrictions of §501(c) to preferentially engage in electioneer- in his experience as an attorney. (3),” the complaint asserts. ing, which is something secular tax-ex- Biologist Jerry Coyne of the Uni- FFRF has more than 19,000 mem- empt organizations cannot do.” versity of Chicago, author of Why Evo­ bers nationwide “who are opposed to This preferential tax exemption in- lution Is True, wrote in his November Inside This Issue government preferences and favorit- volves more than $100 billion annually blog, “We now get revenge: the FFRF ism toward religion.” FFRF is a tax-ex- in tax-fre