FFRF Sues IRS Over Preferential Treatment of Churches FFRF's
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Complimentary Copy Join FFRF Now! Vo1. 30 No. 1 Published by the Freedom From Religion Foundation, Inc. January/February 2013 Photo: Andrew Seidel Photo: Churches exempt from filing fee, annual reporting FFRF sues IRS over preferential treatment of churches Ending 2012 with a bang, the Free- exempt nonprofits to file “detailed, in- dom From Religion Foundation filed a trusive, and expensive annual reports federal lawsuit Dec. 27 to challenge the to maintain tax-exempt status, but such Internal Revenue Service’s preferen- reports are not required for churches FFRF Co-Presidents Annie Laurie Gaylor and Dan Barker show off the tial treatment of churches in applying and certain other affiliated religious mountain of 990 Forms FFRF has filed, which churches are exempt from. for and maintaining tax-exempt status. organizations,” the complaint notes. The IRS exempts churches and cer- “Why should churches be exempt The “preferential treatment of In January/February 2013, FFRF tain other religious organizations from from basic financial reporting require- churches” directly benefits churches, filed a high-profile lawsuit seeking to paying expensive application fees and ments?” asks Annie Laurie Gaylor, while discriminating against other enforce the IRS’ non-electioneering filing the onerous annual Form 990 re- FFRF co-president. “Equally impor- nonprofit organizations, including code against churches. quired of nonchurch nonprofits. FFRF tant, why would churches not wish to the plaintiffs, “solely on the basis of In late August, U.S. District Judge and Triangle FFRF v. the IRS was filed in be accountable?” religious criteria,” FFRF’s complaint Barbara Crabb ruled that FFRF and U.S. District Court, Western District of Gaylor adds, “Having tax-exempt asserts. This “results in obligations im- three of its directors have standing to Wisconsin. status is a great privilege, and in ex- posed on secular nonprofits, including proceed in a challenge of the 1954 FFRF, a national state/church change for that privilege, all other the plaintiffs, that are not imposed on “parish exemption” act of Congress. watchdog with more than 19,000 non- groups must file a detailed report an- churches.” That law, enacted to reward ministers religious members, and its chapter, the nually to the IRS and the public on FFRF asks the court to find the for fighting what the law’s author, U.S. Triangle Freethought Society in North how we spend donations.” church exemptions a violation of the Rep. Peter Mack, called “a godless and Carolina, are challenging the prefer- “The unfairness of this is so over- Establishment Clause of the Constitu- antireligious world movement,” per- ential application and reporting ex- whelming,” says FFRF President Emer- tion’s First Amendment and the equal mits “ministers of the gospel” to de- emptions to churches. ita Anne Nicol Gaylor, who in FFRF’s protection rights of the Due Process duct payment designated as a housing FFRF and its North Carolina chap- early years personally prepared the an- Clause of the Fifth Amendment. FFRF allowance from taxable income. ter are 501(c)(3) nonprofits that paid nual forms. “Churches are allowed to seeks to enjoin the IRS from continu- All three lawsuits were filed in U.S. fees of several hundred dollars in order play by different rules.” ing to exempt churches and related or- District Court, Western District of Wis- to apply for tax-exempt status and must Form 990 requires detailed reports ganizations from the application and consin, and were brought on behalf of annually file the annual Form 990. on revenue and functional expenses, annual reporting required of all other FFRF by attorney Richard L. Bolton. The IRS requires nonchurch tax- activities, governance, management, 501(c)(3) nonprofits. “We thank the Triangle Freethought how groups fulfill their mission and This is FFRF’s third ongoing lawsuit Society for joining FFRF in this impor- what proportion is spent on programs, against IRS practices involving prefer- tant challenge,” adds FFRF Co-Presi- Inside This Issue management and fundraising. ential treatment of churches. dent Dan Barker. FFRF releases new FFRF’s ‘Jackson Jesus’ protest music CD Page 3 makes waves in Ohio The Freedom From Religion Foun- its schools. The district must remove dation’s formal request that a middle the picture of Jesus at once,” Markert school in Jackson, Ohio, remove a wrote. Boghossian prominent painting of Jesus from its Her letter cited a 1994 decision by convention entrance has created shockwaves lo- the 6th Circuit U.S. Court of Appeals, speech cally. which ruled that an identical portrait Senior Staff Attorney Rebecca Mark- of Jesus could not be displayed in a Pages 12– 13 ert wrote a letter of complaint Jan. 2 to public school. Ohio is part of the 6th the Jackson City Schools on behalf of a Circuit. complainant protesting the painting’s The Jackson School Board decided presence at Jackson Middle School. Jan. 8 to not remove the devotional Since sending the letter, FFRF has image. Superintendent Phil Howard been contacted by other families with told more than 300 emotional backers Caption contest children in the schools distressed over of the painting who attended a board winners the violation. meeting that the picture would stay. “Courts have continually held that He claimed it was lawful because it was Back Page public schools may not display reli- a gift from a student group and “has Purportedly part of a public middle gious messages or iconography. It is historical significance.” school’s “Hall of Honor,” Jesus illegal for Jackson Middle School to Channel 10 News reported on the appears to reign above all. post religious images on the walls of Continued on back page Page 2 Freethought Today Madison, Wisconsin January/February 2013 Photo: Tom Stringfellow Tom Photo: Meet a Staffer Name: Scott B. Colson. dation — how could I pass that up? Where and when I was born: Neen- What I do here: If it’s jammed, I un- ah, Wis., 1984. I’ve spent most of my jam it. If the lights on a machine start life in Appleton and Madison. blinking, I unblink them. I produce Education: University of Wisconsin- the newspaper (not the content, ex- Madison, B.S. in philosophy. cept for this gem). I build Web pages, What I want to be when I grow up: manage the artwork for campaigns and The Don, El Jefe, El Capo. occasionally work on ads. I help with I spend a lot of time thinking about: the radio show and podcast. Progressive politics, brewing beer, rev- What I like best about it here: Tea olutionary economics, music. time, all of the time; random acts of I spend no time thinking about: I jazz and baking. guess I haven’t thought about it. No What sucks about it: There are not topic is off limits. enough hours in the day to fight all My religious upbringing was: Barely that’s crazy out there. Catholic. My catechism teachers were Things I like: Peanut butter, post- parents of other students who had a modernism, prog rock. hard time answering so many of my Things I smite: Piety, papacy, pelf- “gotcha” questions and double binds. tocracy. [pelf (n.) money, esp. when My doubts about religion started: gained in a dishonest or dishonorable Very early. I think it was during second way] grade that I told my parents I thought Favorite quote about freethought: the whole thing was some weird power “Atheism is not a drama, but the phi- No stranger to speaking out trip. losopher’s serenity and philosophy’s How I came to work at FFRF: An achievement.” (Gilles Deluze and Felix Scott Colson introducing ‘Emperor Has No Clothes’ recipient Cenk Uygur at opening for website development and Guattari, What Is Philosophy?) the 2010 National Convention in Madison, Wis. desktop publishing at an atheist foun- FFRF intern brings write stuff Meet an Intern Name: Sarah Eucalano. right in. Where and when I was born: Mil- Something funny that’s happened at waukee, April 6, 1992. work: At the Winter Solstice party, Dan Family: Mom, Patty; dad, Brian; and sang a song from South Park with a cho- an older sister, Lara, 24. rus that inserted the f-word between Education: Pursuing a bachelor’s in Merry and Christmas. Also, FFRF still journalism and international studies at uses a typewriter for some tasks. I had the University of Wisconsin-Madison. to use it once and got a kick out of it. My religious upbringing was: Ro- My writing interests are: I write for man Catholic. the city news beat for the UW Badger How I came to work at FFRF as a Herald, which I enjoy. I also write short journalism intern: I belong to Athe- stories and poetry in my free time. ists, Humanists & Agnostics at UW- Three writers I admire: Mark Twain, Madison and answered an email FFRF Margaret Atwood and Douglas Adams. sent about intern opportunities. I love These three words sum me up: Prag- being a part of AHA. The discussions matic, honest and passionate. that happen there and the awareness Things I like: People who think for the organization raises are great. I sent themselves and have integrity. I also FFRF an email hoping I’d be able to enjoy running, reading and riding my help them out with their mission and bike. gain some writing experience. Things I smite: Dane Cook’s stand- What I do here: I write up legal vic- up comedy. I also hate it when people tories and Freethought of the Day and use the phrase “you know how they do whatever else FFRF needs me to do. are.” I hate it when people think they What I like best about it: I love can look down on or make assump- writing and working with the peo- tions about people who aren’t white, ple at FFRF because they are all nice white collar, suburban or formally edu- Journalism intern Sarah Eucalano (left) runs a marathon in Superior, Wis.