{"id":311,"date":"2010-10-15T10:02:10","date_gmt":"2010-10-15T10:02:10","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2010\/10\/keep-irs-out-of-churches-under.html"},"modified":"2010-10-15T10:02:10","modified_gmt":"2010-10-15T10:02:10","slug":"keep-irs-out-of-churches-under","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2010\/10\/keep-irs-out-of-churches-under.html","title":{"rendered":"Keep IRS Out of Churches & “under God” in the Pledge"},"content":{"rendered":"

Barry,<\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

For the past 56 years, the Internal Revenue Service has been a poorly qualified and often discriminatory watchdog of America’s houses of worship – selectively enforcing a law that censors the First Amendment free speech rights of religious institutions.<\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

Let’s not forget that this IRS prohibition on endorsing or opposing candidates from the pulpit was not born out of some desire to bring constitutional clarity to the issue, or even to draw a bright line on church\/state issues. No, this law was put in place for one simple reason:  political payback.<\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

It all began in 1954, when then-Senator Lyndon B. Johnson sought political retribution against an opponent who was assisted in his campaign by two non-profit organizations.  As a bill to revise the tax code was being debated on the floor of the Senate, LBJ pushed a little-noticed amendment that barred all tax-exempt groups – including churches – from participating in political activity.  The penalty:  loss of tax-exempt status.  A heavy price to pay for exercising their free speech rights.<\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

<\/p>\n

Not much has changed about this issue since we debated it here<\/a> two years ago.  <\/span>And what I said then is still true today. This law needs to go. There needs to be a legislative remedy.  Congress needs to act and remove this government-mandated muzzle.<\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

On another issue we follow closely, some important court decisions involving the words “under God” found in the Pledge of Allegiance.<\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

I’m glad to see that a federal appeals court rejected a Texas parent’s bid to have “under God” removed from the Texas Pledge of Allegiance.  The U.S. Court of Appeals for the Fifth Circuit correctly concluded that the Texas pledge can indeed reference God because several other state pledges and the national pledge reference God or divine grace.  <\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

In writing for the unanimous three-judge panel, Judge E. Grady Jolly said: “We conclude that the use of ‘under God’ acknowledges but does not endorse religious belief. . . .Despite the challenged ‘under God’ amendment, the pledge’s effect remains patriotic; its religious component is minimal and, when contextualized, clearly understandable as an acknowledgment of the state’s religious heritage.”<\/span><\/span><\/p>\n

 <\/span><\/p>\n

That decision comes just a few weeks after a federal court in Wisconsin tossed out a suit  by the Freedom From Religion Foundation<\/a> (FFRF) challenging the engravings of the words “under God” in the Pledge as well as the national motto at the Capitol Visitor Center in Washington, DC.  <\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

The court reached the conclusion that we advocated in our amicus brief<\/a> representing 50 members of Congress: that the plaintiffs lacked legal standing and the suit should be dismissed.  <\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

We’re also awaiting the outcome of another Pledge lawsuit <\/a>filed by the FFRF. Oral arguments took place last month at the U.S. Court of Appeals for the First Circuit where we’ve asked the appeals court<\/a> <\/span>to uphold a lower court decision that determined that the Pledge should not be removed from New Hampshire schools because it embraces patriotism, not religion.  <\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

Barry, let’s keep the IRS out of churches and the words “under God” in the Pledge.<\/span><\/p>\n

<\/span> <\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/span><\/span><\/font><\/font><\/span><\/span><\/span><\/font><\/font><\/span><\/font><\/span><\/font><\/span><\/span><\/span><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/font><\/span><\/span><\/font><\/span> <\/span><\/span><\/p>\n

 <\/font><\/span><\/p>\n

<\/span> <\/p>\n

<\/font><\/span> <\/p>\n","protected":false},"excerpt":{"rendered":"

Barry,   For the past 56 years, the Internal Revenue Service has been a poorly qualified and often discriminatory watchdog of America’s houses of worship – selectively enforcing a law that censors the First Amendment free speech rights of religious institutions.   Let’s not forget that this IRS prohibition on endorsing or opposing candidates from…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8,2,320,36,264],"tags":[],"class_list":["post-311","post","type-post","status-publish","format-standard","hentry","category-congress","category-courts","category-elections","category-free-speech","category-pledge-of-allegiance"],"yoast_head":"\nKeep IRS Out of Churches & "under God" in the Pledge - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/311","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=311"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/311\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=311"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=311"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=311"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}