Shortly before the 2004 presidential election, the Rev. George F. Regas, the former rector of [tag]All Saints[/tag] [tag]Episcopal[/tag] Church in Pasadena, told his congregation about his perspective on the president and the war in Iraq. Regas imagined Jesus participating in a political debate with [tag]Bush[/tag] and [tag]Kerry[/tag] and said that “good people of profound faith” could vote for either man.
He added, however, that he imagined [tag]Jesus[/tag] telling Bush, “Mr. [tag]President[/tag], your doctrine of preemptive war is a failed doctrine. Forcibly changing the regime of an enemy that posed no imminent threat has led to disaster.” The comments prompted the [tag]IRS[/tag] to launch an aggressive investigation into the church’s alleged partisan conduct — which turn out to be one of the more provocative church-state conflicts in quite a while.
A liberal Pasadena church facing an IRS investigation over alleged politicking sounded a defiant note Sunday, with its leaders and many congregants saying the probe amounted to an assault on their constitutional rights and that they were inclined to defy the agency’s request for documents.
“These people are offended,” said the Rev. Ed Bacon, rector of All Saints Episcopal Church, after delivering an impassioned sermon about the investigation to a standing-room-only crowd of about 900. “Freedom of speech and freedom of religion have been assaulted by this act of the IRS, and I think my people want to be heard in court.”
To put it mildly, the IRS is playing hardball. The agency recently ordered All Saints to turn over documents — including copies of sermons, emails, newsletters, even financial records — the church produced in 2004.
Bacon, however, on the advice of parishioners, may decide to refuse the IRS’s demands and instead take the issue to court. “I believe we should respectfully decline to produce the documents,” said Cathy Shearon, an All Saints parishioner said. “Being passive plays into the culture of oppression.”
That’s when things will likely get interesting.
There’s a lot to this case. Whether the pre-election sermon at All Saints crossed the legal line and amounted to intervention in a political campaign is open to some debate. The pastor didn’t say, “Don’t vote for Bush,” but for the purposes of tax law, what Regas did may very well have constituted intervention in the campaign. It would be similar to a pastor of a right-wing church, just two days before the election, imagining Jesus chatting with Kerry and Bush about abortion and then told congregants that Kerry’s position was at odds with God’s wishes. Churches that engage in these kinds of efforts should expect the IRS to stop by for a chat.
That said, the IRS’s political motivations are also a concern. For example, when a ministry is suspected of intervening in a political campaign, ordinarily the first step is a warning letter from the IRS. In this case, the agency skipped that step and went right to a threatening letter, stating that “a reasonable belief exists that you may not be tax-exempt as a church.”
Moreover, usually a house of worship is reminded of legal limits, the institution promises to play nice, and unless there’s a pattern of repeated abuse, the matter is final. The IRS seems to have taken a far more aggressive position towards All Saints Episcopal. The church provided the IRS with a copy of all literature given out before the election; the IRS said it wasn’t satisfied. The church said it never endorses candidates; the IRS told church officials to either admit wrongdoing or face more intense scrutiny.
For that matter, there are multiple examples of similar election comments from conservative pastors in the South, some of which are arguably far more partisan than the All Saints example, but which did not prompt similar investigations.
Indeed, I’ve worked on this issue for quite a while, and as far as I can tell, no church has ever received this kind of IRS scrutiny based on one complaint as a result of one sermon.
Given the circumstances, it’s not unreasonable to wonder if, perhaps, Bush-appointed staffers at the IRS are targeting All Saints because they simply didn’t like the sermon’s criticism of their president. It would be an outrageous abuse of power for the IRS to go after a house of worship due to political concerns, but given what we’ve seen of the Bush gang in recent years, it’s hard to offer the administration much in the way of benefit of the doubt.
During Watergate, America learned Nixon used the IRS to harass and intimidate political opponents, as part of a pattern of a White House’s abuse of power. Could it be happening again?