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IRS new regulations ignore First Amendment rights of churches
Nov 4, 2009
Today, the Becket Fund for Religious Liberty issued an official commentary on proposed IRS regulations which affect the First Amendment rights of religious organizations. The proposed regulations, issued in response
to a court decision striking down the IRS’s approval process for auditing churches, do not include any requirement for the
IRS to consider the rights of churches under the Religious Freedom Restoration Act or the First Amendment.
“The IRS cannot ignore Constitutional rights of churches.” said Luke Goodrich, Deputy National
Litigation Director for the Becket Fund for Religious Liberty. “Under the proposed regulations, the IRS can audit churches,
revoke tax exempt status or impose penalties without ever expressly considering church’s rights under the Religious
Freedom Restoration Act or the First Amendment.”
The proposed regulations govern which IRS officials can approve
an investigation into a church’s tax status. Such investigations can lead to a revocation of tax-exempt status, or other
tax penalties, for a variety of reasons.
“It is crucial for the IRS to recognize that its enforcement efforts
may unlawfully burden the free exercise of religion,” explain the Becket Fund’s comments. The comments recommend
four concrete changes to the proposed regulations: (1) The IRS should notify churches of their free exercise rights at the
beginning of an audit; (2) The IRS should attempt to minimize the burdens on free exercise rights in any church audit; (3)
IRS lawyers should expressly consider free exercise rights when they review the legality of an audit or tax adjustment; and
(4) IRS officials involved in a church audit should seek guidance from their superiors or IRS lawyers when the audit implicates
free exercise rights.
To read the full text of The Becket Fund's comments, click here.
Becket Fund attorneys are the nation’s leading experts on the Religious Freedom Restoration Act and its successor, the Religious Land Use and Institutionalized Persons Act of 2000. Both acts codify constitutional principles derived from the First and Fourteenth Amendments and enjoy broad
bipartisan support.
Urban Hope
Gets Ready for Thanksgiving Offering
In the Kensington section of inner-city
Philadelphia
there are families who do not have the means to enjoy a Thanksgiving meal. This Thanksgiving season, you have an opportunity
to show Christ's love by giving a family a simple gift -- a bag of groceries.
Urban Hope wants to minister to people in a holistic way, as Jesus did.
By giving a special Thanksgiving offering toward this project, you are not only providing a great Thanksgiving dinner, you
are also giving the gift of dignity by providing temporary employment for several people who desperately need the extra help.
You are also giving each family an opportunity to hear the Gospel through a movie which will be delivered with the meal. A
portion of your donation will also go to making the ministries of Urban Hope available for the coming year to all of the families
that are touched through this outreach. A gift of $10 will feed an individual and a gift of $50 will feed an entire household.
So please consider giving and promoting this in your church. A bulletin insert is available on the Urban Hope Website
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