Yesterday, I wondered aloud about the unintended consequences of the “Safe Harbor for Churches” plan being pushed by the House GOP.
It seemed to me that Republicans might be opening a door wider than they realize. The GOP wants the Bush campaign to manipulate churches as part of a new political machine. I get that. But once tax-exempt groups can start working on behalf of candidates, all kinds of left-leaning groups can get in on the fun, right?
Well, it turns out I was mistaken, but my error raised a whole new concern.
I thought the “Safe Harbor” provisions would apply to all tax-exempt groups, which would allow the Sierra Club, Planned Parenthood, the ACLU, et al, to do as much campaign work as the churches the GOP is targeting. But then I read the bill itself and discovered that the new changes apply only to “churches” and “religious leaders.”
Call me crazy, but I think this raises “equal protection” problems.
Right now, federal tax law treats all tax-exempt non-profits equally. Whether a group is religious, educational, or charitable, they fall under the same part of the tax code and face the same restrictions. If a church pastor starts endorsing candidates and intervening in the political process, his or her ministry could lose its tax-exemption. But the same is true for a leader of a secular tax-exempt group. They all enjoy the same benefits and face the same penalties for the same transgressions.
The GOP provisions would carve out a special protection for the ones they like best — churches. (Mind you, the bill literally says “churches,” not “houses of worship.” What about temples, synagogues, and mosques?)
So, if the Republican plan became law, a religious tax-exempt group (i.e., a church) could get away with multiple violations of federal tax law while a secular tax-exempt group could not. It’s not a “Safe Harbor for Churches” plan; it’s a “special rights for churches” plan.
I’m pretty sure that’s unconstitutional.