The petition to end tax subsidies for religious organizations is no different. The White House issued its official response yesterday, which can be read on the linked petition page itself. The response seems targeted to some fictional petition that I have not seen; not one word of the White House's reply seems to have any bearing on the content, or even the title, of the petition at all. The petition is named "Remove tax exemptions from churches and allow them to apply like a non-profit organization." I've bolded the second half because it is the crucial element of the petition, the one that utterly defuses the White House's entire bogus reply.
Said reply does not get a whole paragraph down before its first factual falsehood.
Our Nation's Bill of Rights not only guarantees that the government cannot establish an official religion, but also guarantees citizens the right to practice the religion of their choosing or no religion at all.Incorrect. In fact, the very first case in which the Supreme Court (which the Constitution sets as the final arbiter of the Constitutionality of laws, Marbury opponents be damned) was asked to evaluate the free exercise clause of the First Amendment found quite the opposite. There is not a guarantee to practice the religion of your choosing; the freedom of belief and conscience are universally protected but the freedom of practice is not. Since the days of Reynolds, the Supreme Court was given the government a very wide latitude to restrict religious practice. There is a reason that your Mormon neighbors cannot practice polygamy anymore (which has nothing to do with that religion's forfeiture of the doctrine), that your Jewish neighbors cannot stone their adulterous wives, and that your Zoroastrian neighbors cannot leave the corpses of their honored dead to rot on the front lawn for the Earth to reclaim naturally. This is not a terribly subtle distinction, and the administration's reply is characteristic of the sloppiness expressed generally in its reply to these petitions and abundantly in this specific petition.
Following the general principle elucidated above, much of the reply is simply a recapitulation of existing tax subsidies for religious organizations. It points out that
the IRS Guide provides for an automatic exemption for churches and other houses of worship that meet the statutory requirements of section 501(c)(3). These requirements include, among others, that the organization be "organized and operated" exclusively for certain purposes (including religious and charitable purposes), that no part of net earnings inure to the benefit of any private individual or shareholder, and that the entity not involve itself in political campaigns.as if merely stating the established rule justifies it. The problem, as elucidated in the petition, is that the existing rule is hopelessly broken, woefully incomplete, and worst, not enforced by any stretch of the term.
Take a peak at the actual text of IRS Code s501c3. It holds that, to qualify for the automatic IRS exemption, the organization must fulfill certain "charitable purposes," which, according to the IRS, include:
relief of the poor, the distressed, or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.One of these things is not like the other. Every single thing on this list, save the bolded exception, has actual, demonstrable benefits for human flourishing. They do things for people. They improve peoples' lives. They involve tangible, measurable effects, and most of the items on the list explicitly name humans or their physical artifacts as grounds for charitable exemption. Not so the religion exemption. It is a hopelessly vague clause, and the IRS makes no effort to define either "advancement" or "religion" in this section of the code. Burning down mosques advances certain kinds of Christianity - is it protected? Is Scientology a religion, or a self-help program? Is Scientology advanced or hindered by bringing John Travolta on board? Who knows? But the problem is that the arbiter of that decision is not the IRS, but the applicant. If Scientology feels that it is advanced through its profiteering scam, that's protected. Period.
The White House's reply cites to the Constitution a number of times, blissfully unaware that the very language of the IRS code in this section is written in taunting defiance of the Constitution; the phrase "advancement of religion" is the exact same locution the Supreme Court uses in its most common test to determine what kinds of thing the government can't do!
The government's action must not have the primary effect of either advancing or inhibiting religion.See Lemon v. Kurtzman. This is the famous Lemon Test. It is not applied universally or consistently to First Amendment religion challenges, but it is the most common test the Supreme Court uses, and the one that most reliably separates the government from religions; it is far more often used to prevent the government from interacting with religion than permitting it. Sadly, the White House cannot be bothered to check its facts when it comes to the politically palatable notion of giving out free money to churches.
And that really is the crux of the issue. Refusing to fairly tax churches qua churches is not separation of church and state. Separation of church and state would be treating churches the same as any other institution, not giving them handouts just for being churches. A tax exemption is a handout - it is a symbolic gift in which the government says "we will provide you with fire and police services, military protection, and all other basic government services for free." You and I pay taxes, and in return, we receive certain services. Other free-riders on the system, like charitable research foundations, make up for their parasitic relationship to the IRS with other benefits: longer lifespans, advocacy for the poor, food handouts, that kind of thing. Things that actually help people.
Churches do not do this. Churches advance known falsehoods, lie to children when they aren't sexually abusing them, make life miserable for gays, promote discrimination against women and often against other races, or just flat-out promoting racism in the cases of religions like Judaism and Hinduism, which advocate a "Chosen People" / "Gentile" dichotomy and a ridged racial hierarchy, respectively. These are not services worthy of free police protection, free military protection, exemption from conscription, and exemption from taxes. They do nothing for society.
And when I say that 501c3 is inappropriately enforced, I mean it in regards to virtually every religious organization. 501c3 clearly states that no organization may be organized for private inurement and they may not engage in political lobbying and still receive a 501c3 handout, but they universally do. For example, Catholic Churches extort money from their parishioners and spend it in places like:
- Political advocacy against equality for homosexuals.
- Salaries for priests.
- Salaries for the Church's lawyers.
- Apology money for the victims of the insatiable sexual lusts of the Church's employees.
- Peter's Pence - the private operating expenses of a foreign sovereign nation, which is directly subsidized by the US government. This is a foreign sovereign nation that routinely condemns American society and its people with more or less the same vehemence and disgust as the mullahs of Iran do.
And not only is all of that money tax exempt when spent by the Church, it is tax deductible when given by private citizens - meaning that the government is not only giving out free services to churches, it is basically giving tax money back to taxpayers conditional upon that money being spent in church. It's functionally identical to getting a "religion voucher" from the government, currency that is good only in places that call themselves "religions." And the Obama administration defends this as protecting the separation of church and state.
But remember, there are megachurches out there. There are churches raking in eight figures annually that are still tax exempt. Last year, I calculated that there's about a hundred billion dollars in megachurch business going completely untaxed because of this system. The anti-inurement component of 501c3 is woefully underenforced, and it shows. The one time that the government tried to do anything about this problem, Senator Grassley was nearly inquisition'd out of his job by the very megachurches that are beneficiaries of this parasitism on your tax dollars and mine.
The only semblance of a justification (apart from gross misreadings of centuries of Constitutional jurisprudence) is this paragraph:
The Administration recognizes that houses of worship--churches, synagogues, temples, mosques, and other institutions--are integral to their communities and often serve as community centers for charity and social service. And the Administration is committed to strengthening government interaction with faith-based organizations to the benefit of their communities, consistent with First Amendment protections.First of all, these "community centers" for "charity" and "social services" facially exclude those who do not adhere to those specific religions. Communities have lots of churches, and they compete with each other. Most of them exclude homosexuals, many of them exclude women, some of them exclude certain races, virtually all of them exclude other religions and all but the Unitarians exclude secularists. But remember, the petition did not say anything like "no tax handouts for any churches" or "outlaw all churches," it says to let them apply as charities!
If what the White House says is indeed correct, that religious institutions serve important charitable and social roles in their communities, then abolishing the tax exemption for religions should have no measurable impact on America whatsoever because those churches can just turn around and apply as charities, and they should have no problem! Right? It's not like the U.S. is teeming with churches that are just in it for the money, maybe shipping a couple of youth groups off to the soup kitchen twice a year and calling it "charity," right? Right?
The automatic tax handout for religious institutions is a broken, improperly enforced, blatantly unConstitutional system. The White House's reply reinforces the fact that these petitions are a joke and that this administration is about as interested as the Bush administration was in standing up to the religious businessmen who feed off of our tax dollars while spending their time pissing on the rights and dignity of their fellow Americans. It's embarrassing.
Edit: a commenter below has pointed out an avenue to an important oversight to the objections listed so far. The author of the putative reply to this petition is none other than Joshua DuBois, the sectarian fanatic currently in charge of the grossest violation of church-state separation of the 21st century, that being the office responsible for future alliances between the church and the state. It is an egregious insult to the spirit of this petition that the reply goes out of its way to mention that, in the future, the state plans to strengthen its entanglement with these sectarian organizations to provide services that our tax dollars, not other peoples' tithe dollars, should be apportioning: social services, healthcare, and assistance to the poor. It is just one more reflection of the fatal insincerity at the core of the noxious quasi-doctrine elucidated in the response to the petition, which is basically that nothing needs to be changed, all religions are de facto charities exactly as deserving of tax handouts as OxFam and Doctors Without Borders, a simpleton's misreading of the sinister agendas behind most of America's most popular religions, agendas that include continuing Christianity's ongoing noxious obsession with homosexuality, the war against reproductive rights, and advocacy for war against non-Christian populations, all of which churches have roundly supported since their last big platform position (slavery) was defeated by big government intervention.




