Not Your Father's America

GOP SNEAKS PROVISION IN JOBS BILL, FREE PASS FOR CLERGY, CHURCH POLITICKING

    GOP SNEAKS PROVISION IN JOBS BILL, FREE PASS FOR CLERGY,
                      CHURCH POLITICKING

A provision smuggled into a jobs development bill now in the House of
Representatives would give clerics and houses of worship greater
latitude in endorsing political candidates and participating in
campaigns.

Known as the "Safe Harbor for Churches" amendment, the proposed
measure has been added to a 379-page legislative item known as the
"American Jobs Creation Act of 2004" (HR 4520).  It is similar to
previous bills introduced by Rep. Walter Jones (R-NC) and other
lawmakers to permit houses of worship to endorse partisan candidates,
raise money and actively campaign.  Current law circumscribes what
churches, mosques and temples may do in terms of political activism
and still maintain their special non-profit, tax exempt status.

The "Safe Harbor" proposal also comes in the wake of news that the
Bush-Cheney campaign has been aggressively seeking to identify and
court "friendly" congregations.  Some 1,600 Evangelical churches in
Pennsylvania alone were targeted as part of a re-election campaign to
woo worshipers and turn out religious voters for Mr. Bush.

In 2000, religious conservatives flocked to the polls in record
numbers to support George Bush.  Recent surveys show the president in
a dead heat with presumptive Democratic challenger Sen. John Kerry.
Pundits say that once again the votes of Evangelical and
Fundamentalist Christians are vital in helping the incumbent hold on
to the White House.

Unlike the previous legislation, however, the "Safe Harbor for
Churches" proposal was not introduced as a stand-alone bill.  Rather,
the measure was inserted into the Jobs Creation measure at the behest
of House Speaker Dennis Hastert (R-Ill).  A spokesperson for the House
Ways and Means Committee cryptically told the Washington Post, "This
is an election year and there are not many bills that will become law
this year."  Post correspondent Alan Cooperman added that Hastert's
office did not return repeated calls or release any printed statement
about the legislative rider.

Specifically, the church-friendly provision declares that members of
the clergy may endorse candidates and engage in other political
activity, but not on behalf of their affiliated religious groups.  Nor
could they make partisan statements in publications or functions
sponsored by a church, mosque or temple.  This is already stipulated
in existing IRS and other regulations pertaining to non-profit groups.

But the bill would allow clerics three "unintentional violations" of
tax laws per year without jeopardizing the tax exempt status of their
respective houses of worship.  The first "unintentional" mistake would
require the church, synagogue or mosque to pay corporate taxes on one
week's worth of its annual revenue.  The penalty for a second
violation would be taxation of 50% of annual revenues, with the third
taxing a full year's contributions.

"The big issue here is that politicians are looking for ways to allow
religious groups to engage in campaigning while immunizing them from
the laws and penalties other political groups face," said Ellen
Johnson, president of American Atheists.  "This bill does not go as
far as previous legislation in terms of benefiting churches, but it is
another 'green light' for religious groups to become more politically
active."

                          Pulpit Politics

A push to give religious groups wide latitude to endorse candidates
and raise money for political campaigns began in the wake of the year
2000 election.  Despite reports of widespread abuse by churches, two
pieces of legislation were introduced in late 2001.  They included the
Bright Line Act (HR2931) introduced by Rep.  Philip M.  Crane (R-Ill)
and the "Houses of Worship Political Speech Protection Act" authored
by Rep.  Jones.  The Crane proposal would have permitted churches,
mosques and temples to spend up to 20% of annual revenues for
political lobbying, while the HWPSPA authorized use of funds for
endorsements and even resources on behalf of candidates.

Despite vigorous support from the religious right, both bills failed
to pass. 

That has not stopped the clamor, though, to involve religious leaders
in political activism. 

"The laws are already being circumvented on a massive scale," said
AA's Johnson.  "Clerics already endorse candidates -- all they have to
do is stand up in front of a congregation during services and claim
they are speaking as 'private individuals."

Indeed, from the Christian Coalition to various inner-city Ministerial
Councils, clerics regularly use their positions as religious leaders
to endorse or oppose those running for public office.  Only in rare
cases do violations attract the scrutiny of the Federal Election
Commission or the IRS.

Critics charge that the "Safe Harbor" provision is another effort to
create a church-based machine.  But supporters of the measure, and
even campaign spokespersons for Bush-Cheney, say that such proposals
are meant to mobilize individual voters, not congregations -- a
distinction many charge is disingenuous.

Sharon Castillo, a representative for the Bush campaign office told
The Baptist Standard newspaper that the program to identify "friendly"
churches was "intended to encourage individual-to-individual
communication."

"We fully respect the letter of the law, and we the campaign) in no
way want to imply that people should use their houses of worship
specifically to help the campaign," Castillo added.

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