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Roman Catholic Archdiocese
Warned about Voter Guides

AU's Barry Lynn: "It's a Christian Coalition Style Tactic"
Federal Court Revokes the Tax Exemption of a N.Y. Church

Compiled By GayToday

Philadelphia, Pennsylvania--Cardinal Anthony J. Bevilacqua's plan to distribute voter guides in Roman Catholic churches covers nine issues that include opposition to domestic partner legislation, condom distribution, free choice abortions and free needle exchanges.

Cardinal Bevilacqua
GayToday Illustration

The Cardinal also favors a school voucher system that would give taxpayer support to parochial schools. Americans United for Separation of Church and State (AU) announced yesterday that the Cardinal's plan could lead to serious tax problems for the Archdiocese of Philadelphia.

In a March 30 letter to Bevilacqua, AU's Executive Director Barry W. Lynn noted that tax-exempt charities, which includes churches, are "absolutely prohibited from intervening in political campaigns."

Newspaper reports have indicated that the Archdiocese plans to distribute voter guides for the upcoming mayoral and city council primary election. The guide is to be distributed on the Sunday that precedes the city's May 18 election.

The Internal Revenue Service, Lynn noted, has ruled that voter guides distributed by non-profit groups must be broadly based and not merely reflect an organization's known agenda. The IRS has also stated that guides released a few days before an election may be construed as an attempt to affect the outcome.

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"Cardinal Bevilacqua, this entire scheme smacks of Christian Coalition-style tactics, and I am disappointed that the Archdiocese would consider such an ill-conceived and legally dubious project," wrote Lynn. "It clearly jeopardizes the tax exemption of the Archdiocese of Philadelphia and all of its parishes."

Continued Lynn, "If you choose to ignore federal law on this matter, you would leave me with no other choice but to file a formal complaint against the Archdiocese of Philadelphia with the Internal Revenue Service. I urge you to reconsider your plans to intervene in the upcoming elections to protect the integrity of the political process and maintain the non-partisan character of your church."

Along with the letter, Lynn sent Bevilacqua two documents warning churches against distributing inappropriate voter guides. One was prepared by Milton Cerny, formerly Chief of the Exempt Organizations Ruling Area at the IRS, and the other by Mark E. Chopko, general counsel to the U.S. Catholic Conference.

Lynn noted that the IRS takes this issue seriously and that his group has reported several churches to the agency for improper politicking.

For example, the Church at Pierce Creek, a Vestal, N.Y., congregation, ran full-page ads in two newspapers urging people to vote in 1992 against then-presidential candidate Bill Clinton. Americans United reported the incident to the IRS, and in 1995 the federal tax agency revoked the church's tax-exempt status.

A Religious Right legal firm allied with televangelist Pat Robertson sued the IRS in an effort to get the church's tax exemption back, but on Tuesday a federal judge in Washington upheld the federal tax agency's action.

"The IRS clearly may revoke the tax-exempt status of any organization that publishes an advertisement in opposition to a candidate for public office," Judge Friedman wrote in the court's decision.

Rev. Barry Lynn

"This decision is a major blow to TV preacher Pat Robertson and other Religious Right leaders who have tried to politicize churches," said the Rev. Lynn. "This landmark ruling sends a strong message that churches must obey the prohibition on partisan politicking if they expect to remain tax exempt," added Lynn.

"From now on, houses of worship that consider risking their tax exemption to get involved in electioneering had better realize that it's a gamble they're likely to lose. "We're going to continue to monitor these activities and report offenders to the IRS until people realize that America's churches are not to be manipulated for partisan political purposes," American United's Executive Director warned.

"Cardinal Bevilacqua can choose to gamble with the Archdiocese's tax exemption if he chooses, but I wouldn't recommend it," said Lynn. "Churches must stay out of partisan politics and refrain from attempting to influence the outcome of elections. It's not only illegal, it runs counter to the mission of America's faith communities."