While a group that opposes expressions of Christianity in public forums
wants the IRS to use its formidable power to crack down on what pastors
say, one legal foundation says, “Bring it on,” promising a “legal war”
if churches are attacked on such issues.
Americans United for the Separation of Church and State Executive
Director Barry Lynn recently wrote a letter to the IRS demanding help in
quashing the speech of a leader in the Roman Catholic Diocese in
Peoria, Ill.
The April 19 letter calls a recent homily given by Bishop Daniel
Jenky a violation of IRS regulations relating to the tax-exempt status
of the church, because Jenky cited atrocities of past governments,
specifically naming Hitler and Stalin, and then cited the failings of
the Obama administration.
The homily was also reprinted in the Catholic Post, and urged
Catholics to stand by their religious convictions, even outside the
walls of the church.
“Hitler and Stalin, at their better moments, would just barely
tolerate some churches remaining open, but would not tolerate any
competition with the state in education, social services, and health
care,” he said.
“In clear violation of our First Amendment rights, Barack Obama –
with his radical, pro-abortion and extreme secularist agenda, now seems
intent on following a similar path,” the homily says.
The homily included the plea, “Now things have come to such a pass in
America that this is a battle that we could lose, but before the
awesome judgment seat of Almighty God this is not a war where any
believing Catholic may remain neutral.”
Jenky even included a dire prediction for the nation if Catholics don’t stand by their convictions.
“This fall, every practicing Catholic must vote, and must vote their
Catholic consciences, or by the following fall our Catholic schools, our
Catholic hospitals, our Catholic Newman centers, all of our public
ministries – only excepting our church buildings – could easily be shut
down.
“Because no Catholic institution, under any circumstance, can ever
cooperate with the intrinsic evil of killing innocent human life in the
womb,” he said.
He was opposing the Obamacare mandate that employers, including schools, hospitals and others, pay for abortions for employees.
American’s United tells the IRS that this homily puts the Catholic
bishop afoul of the law, and demands that an investigation of the priest
be undertaken.
In the letter to the IRS, AU says in part, “Bishop Jenky compared
Obama to Hitler and Stalin and accused him of pursuing policies that
will close Catholic institutions.
“Moments later he exhorted members of his flock not to vote for candidates who fail to uphold Catholic values.
“It is impossible to interpret this as anything but a command to vote against Obama,” Lynn said.
The Thomas More Society says that the law and the Bill of Rights is
on the bishop’s side, and promises a “free and aggressive legal defense
to any religious leaders targeted or victimized for the robust exercise
of their free speech rights.”
“The Internal Revenue Service has no legal right to investigate, let
alone threaten or penalize the Catholic Diocese of Peoria for illegal
‘electioneering’ after Bishop Daniel Jenky, C.S.C., referred to policies
of Adolf Hitler and Joseph Stalin while delivering a robust, wholly
legitimate critique of current federal efforts to quash and curtail
religious liberties,” says Thomas Brejcha, president of the Thomas More
Society.
“References to egregious, historical mistakes on the part of
political leaders of the past in messages to congregations, even in an
election year, are fully protected by the First Amendment, whether those
messages are delivered from the pulpit or on soap boxes in the public
square,” he continued.
“We think the law is very clear,” said Brejcha.
“Well-settled federal law does not prohibit churches and
other tax-exempt non-profits from speaking out against government
policies at odds with the common good or – as in this case –
constitutionally obnoxious.”
“Where would the civil rights movement have been were it not for the
courage of those of our religious leaders who spoke truth to power on
behalf of the disenfranchised?” Brejcha added.
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