OPPOSE H.R 235: Houses of Worship Free Speech Restoration Act - Elections and Issue Advocacy

Elections and Issue Advocacy: News Background Analysis Correspondence Blog

Published: 11/14/2003

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OPPOSE H.R 235: Houses of Worship Free Speech Restoration Act

FACT SHEET

What would H.R. 235 do?

H.R. 235 would permit religious congregations to support or oppose candidates for public office and conduct partisan campaign activities without losing their tax-exempt status, as long as the activity takes place in the context of a religious meeting. It would apply to elections at the local, state or federal level. A congregation could use funds raised through tax-deductible contributions to fund these activities. Religious organizations could re-distribute and publicize endorsement-sermons and other election-related presentations made during their services or gatherings, through television, radio, and other media.

What is current law?

Current tax law prohibits all religious, educational, charitable and other organizations exempt under Section 501(c)(3) of the tax code from opposing or supporting candidates for office. H.R. 235 would change that, but only for religious organizations.

Who supports H.R. 235?

The bill?s primary sponsor is Rep. Walter Jones (R-NC). There are 164 co-sponsors in the House (see the list at the end of this fact sheet), and no parallel bill has been introduced in the Senate. The American Center for Law and Justice, the Christian Coalition, National Right to Life Committee and Concerned Women for America are among the groups that support the bill. They say it is necessary for religious leaders to speak out on the issues of the day without fear of IRS investigations and loss of tax-exempt status. This is misleading and legally incorrect. Religious leaders are free to speak on the issues of the day as much as they want. But they cannot and should not use tax-deductible contributions to hold religious meetings that campaign for or against candidates for office.

Who opposes H.R. 235?

A broad coalition of religious, civil rights and nonprofit organizations oppose the bill. These include OMB Watch, the Interfaith Alliance and Independent Sector. A list of organizations that have signed letters to Congress opposing H.R.235 is at the end of this fact sheet. This bill is unwanted and unneeded by America's clergy. In a 2001 Gallup/Interfaith Alliance Foundation poll, 77% of clergy were opposed to their fellow clergy endorsing political candidates.

What is the status of the bill?

H.R. 235 has been referred to the House Committee on Ways and Means. At this time no hearings or committee consideration of the bill has been scheduled.

Why is H.R. 235 a problem?

This bill would create an indirect tax subsidy for partisan electioneering based on tax deductibility of donations to religious organizations.
Houses of worship could sponsor partisan campaign activity at the local, state or federal level, as long as the activity takes place in the context of ?religious services or gatherings.? However, the bill does not define what constitutes ?religious services or gatherings.? As a result congregations could sponsor phone banks, rallies, and the resources necessary for direct mailings that support or oppose specific candidates.
The bill gives preference to religious 501(c)(3) organizations over all other charities.
This bill would open a dramatic loophole in federal campaign finance laws. The Campaign Legal Center published an analysis of the bill that illustrates its potential for campaign finance abuses, under the Bipartisan Campaign Reform Act of 2002. These include:

1. Lack of restrictions on mass media broadcast of religious services with partisan content. This would make it possible for soft money donors to finance broadcasts of endorsement speeches and other activities through donations to churches.
2. Lack of definitions or limitations on re-distribution of partisan statements made in religious services;
3. No limits on who makes electioneering statements. As written, the bill would allow candidates to make appearances and speeches asking for votes.
4. No limit or restriction on campaign fundraising during religious services.

The bill is predicated on false assumptions about existing law and is NOT needed to allow religious leaders to speak on issues. Clergy, members of congregations and others can participate in partisan politics as individuals. Any person, acting on their own behalf, can endorse candidates, volunteer on campaigns, or even run for public office, as long as they do not use the resources of a 501(c)(3) organization, including religious organizations. Current law allows unlimited 501(c)(3) time and money for:

1. Commentary on public issues from the pulpit, in newsletters, etc.
2. Public education campaigns
3. Publication of pamphlets, research, newsletters and analysis
4. Litigation
5. Comment on proposed regulations
6. Participation in agency and commission proceedings
7. Nonpartisan voter education, registration and get out the vote activity

There are limitations, not prohibitions, on 501(c)(3) legislative lobbying. All public charities, including religious organizations, can lobby at the local, state or national level as long as it is not a ?substantial part? of overall activities.

What needs to be done?

Join those who oppose the bill. The time to act is now. The bill will continue to gain momentum if House members do not hear from constituents and friends who oppose H.R. 235. Send a letter to members of the U.S. House of Representatives and ask them to oppose the bill if it comes to the floor. If they have signed on as a co-sponsor, ask them to withdraw their name. We cannot afford to have one more House member support the bill without knowing the facts. See list of congressional supporters below.

For more information contact: Kay Guinane or Abbey Tyrna at OMB Watch.

The following religious, civil rights and nonprofit organizations oppose the Houses of Worship Political Speech Protection Act (H.R. 235):
Agudath Israel
Alliance For Justice
African American Ministers Council
American Civil Liberties Union
American Humanist Association
American Jewish Committee
American Jewish Congress
Americans for Religious Liberty
Americans United for Separation of Church & State
Anti-Defamation League
Baptist Joint Committee on Public Affairs
Central Conference of American Rabbis
Church of the Brethren Washington Office
The Congress of National Black Churches
Council of Khalistan
Christian Church (Disciples of Christ)
The Episcopal Church, USA
Friends Committee on National Legislation (Quakers)
General Board of Church and Society, United Methodist Church
Hadassah, the Women's Zionist Organization of America
Human Rights Campaign
Independent Sector
Interfaith Alliance
NA'AMAT USA
National Association for the Advancement of Colored People (NAACP)
National Council of Churches of Christ in the USA
National Council of Jewish Women
National Education Association
Northwest Religious Liberty Association
OMB Watch
People For the American Way
Presbyterian Church (USA), Washington Office
Representative Chet Edwards (D-TX), United States House of Representatives
Seventh-day Adventist Church
Soka Gakkai Int'l -- USA Buddhist Assoc.
The Interfaith Alliance Foundation
Union of American Hebrew Congregations
Unitarian Universalist Association
United Church of Christ Justice & Witness Ministries

The following members of the U.S. House of Representatives have endorsed the Houses of Worship Political Speech Protection Act (H.R. 235):
COSPONSORS(164), ALPHABETICAL:

Rep Akin, W. Todd - [MO-2] 		Rep Bachus, Spencer [AL-6] 
Rep Baker, Richard H. [LA-6] 		Rep Ballenger, Cass [NC-10] 
Rep Barrett, J. Gresham [SC-3] 		Rep Bartlett, Roscoe G. [MD-6] 
Rep Barton, Joe [TX-6] 	             	Rep Beauprez, Bob [CO-7] 
Rep Bilirakis, Michael [FL-9] 	        Rep Bishop, Rob [UT-1] 
Rep Blackburn, Marsha [TN-7] 		Rep Blunt, Roy [MO-7] 
Rep Boehner, John A. [OH-8] 		Rep Bonilla, Henry [TX-23] 
Rep Bonner, Jo [AL-1] 	             	Rep Boozman, John [AR-3] 
Rep Brady, Kevin [TX-8] 	        Rep Brown, Henry E., Jr. [SC-1] 
Rep Brown-Waite, Ginny [FL-5] 		Rep Burgess, Michael C. [TX-26] 
Rep Burr, Richard [NC-5] 	        Rep Burton, Dan [IN-5] 
Rep Calvert, Ken [CA-44] 	        Rep Camp, Dave [MI-4] 
Rep Cannon, Chris [UT-3] 	        Rep Cantor, Eric [VA-7] 
Rep Carter, John R. [TX-31] 	        Rep Chabot, Steve [OH-1] 
Rep Coble, Howard [NC-6] 	        Rep Cole, Tom [OK-4] 
Rep Collins, Mac [GA-8] 	        Rep Combest, Larry [TX-19] 
Rep Cox, Christopher [CA-48] 		Rep Crane, Philip M. [IL-8] 
Rep Crenshaw, Ander  [FL-4] 		Rep Cubin, Barbara [WY] 
Rep Culberson, John Abney [TX-7] 	Rep Cunningham, Randy [CA-50] 
Rep Davis, Jo Ann [VA-1] 	        Rep Davis, Tom [VA-11] 
Rep Deal, Nathan [GA-10] 	        Rep DeLay, Tom [TX-22] 
Rep DeMint, Jim [SC-4] 	             	Rep Diaz-Balart, Lincoln [FL-21] 
Rep Diaz-Balart, Mario [FL-25] 		Rep Doolittle, John T. [CA-4] 
Rep Duncan, John J., Jr. [TN-2] 	Rep Dunn, Jennifer [WA-8] 
Rep Emerson, Jo Ann [MO-8] 		Rep English, Phil [PA-3] 
Rep Everett, Terry [AL-2] 	        Rep Faleomavaega, Eni F. H. [AS] 
Rep Feeney, Tom [FL-24] 	        Rep Flake, Jeff [AZ-6] 
Rep Fletcher, Ernie [KY-6] 	        Rep Foley, Mark [FL-16] 
Rep Forbes, J. Randy [VA-4] 		Rep Franks, Trent [AZ-2] 
Rep Gallegly, Elton [CA-24] 	        Rep Garrett, Scott [NJ-5] 
Rep Gibbons, Jim [NV-2] 	        Rep Goode, Virgil H., Jr. [VA-5] 
Rep Goodlatte, Bob [VA-6] 	        Rep Granger, Kay [TX-12] 
Rep Graves, Sam [MO-6] 	             	Rep Green, Mark [WI-8] 
Rep Gutknecht, Gil [MN-1] 	        Rep Hall, Ralph M. [TX-4] 
Rep Harris, Katherine [FL-13] 		Rep Hart, Melissa A. [PA-4] 
Rep Hastings, Doc [WA-4] 	        Rep Hayes, Robin [NC-8] 
Rep Hayworth, J. D [AZ-5] 	        Rep Hefley, Joel [CO-5] 
Rep Hensarling, Jeb [TX-5] 	        Rep Herger, Wally [CA-2] 
Rep Hoekstra, Peter [MI-2] 	        Rep Hostettler, John N. [IN-8] 
Rep Hunter, Duncan [CA-52] 		Rep Hyde, Henry J. [IL-6] 
Rep Isakson, Johnny [GA-6] 	        Rep Issa, Darrell E. [CA-49] 
Rep Istook, Ernest J., Jr. [OK-5] 	Rep Janklow, William J. [SD] 
Rep Johnson, Sam [TX-3] 	        Rep Keller, Ric [FL-8] 
Rep Kennedy, Mark R. [MN-6] 		Rep King, Peter T. [NY-3] 
Rep King, Steve [IA-5] 	             	Rep Kingston, Jack [GA-1] 
Rep Kline, John [MN-2] 	             	Rep LaHood, Ray [IL-18] 
Rep Latham, Tom [IA-4] 	             	Rep Lewis, Ron [KY-2] 
Rep Lucas, Frank D [OK-3] 	        Rep Manzullo, Donald A. [IL-16] 
Rep McCotter, Thaddeus G. [MI-11] 	Rep McCrery, Jim [LA-4] 
Rep McHugh, John M. [NY-23] 		Rep McInnis, Scott [CO-3] 
Rep McKeon, Howard P.[CA-25]         	Rep Mica, John L. [FL-7] 
Rep Miller, Gary G. [CA-42] 	        Rep Miller, Jeff [FL-1] 
Rep Musgrave, Marilyn N. [CO-4] 	Rep Myrick, Sue [NC-9] 
Rep Nethercutt, George R.,Jr.[WA-5]  	Rep Ney, Robert W. [OH-18] 
Rep Northup, Anne [KY-3] 	        Rep Norwood, Charlie [GA-9] 
Rep Nussle, Jim - 5/15/2003 [IA-1] 	Rep Otter, C. L. (Butch) [ID-1] 
Rep Oxley, Michael G. [OH-4] 		Rep Paul, Ron [TX-14] 
Rep Pence, Mike [IN-6] 	             	Rep Peterson, Collin C. [MN-7] 
Rep Peterson, John E. - [PA-5] 		Rep Pickering, Charles W. [MS-3] 
Rep Pitts, Joseph R. - [PA-16] 		Rep Pombo, Richard W. [CA-11] 
Rep Putnam, Adam H. [FL-12] 		Rep Radanovich, George [CA-19] 
Rep Rahall, Nick J., II [WV-3] 		Rep Ramstad, Jim [MN-3] 
Rep Rehberg, Dennis R. [MT] 		Rep Renzi, Rick [AZ-1] 
Rep Reynolds, Thomas M. [NY-26] 	Rep Rogers, Mike [MI-8] 
Rep Rogers, Mike D. [AL-3] 	        Rep Rohrabacher, Dana [CA-46] 
Rep Ros-Lehtinen, Ileana [FL-18] 	Rep Ryan, Paul [WI-1] 
Rep Ryun, Jim [KS-2] 	             	Rep Saxton, Jim [NJ-3] 
Rep Schrock, Edward L [VA-2] 		Rep Sessions, Pete [TX-32] 
Rep Shadegg, John B. [AZ-3] 		Rep Shaw, E. Clay, Jr. [FL-22] 
Rep Shimkus, John [IL-19] 	        Rep Shuster, Bill [PA-9] 
Rep Simpson, Michael K [ID-2] 		Rep Smith, Christopher H. [NJ-4] 
Rep Souder, Mark E. [IN-3] 	        Rep Sullivan, John [OK-1] 
Rep Sweeney, John E. [NY-20] 		Rep Tancredo, Thomas G. [CO-6] 
Rep Tauzin, W. J. (Billy) [LA-3] 	Rep Taylor, Charles H. [NC-11] 
Rep Terry, Lee [NE-2] 	             	Rep Thornberry, Mac [TX-13] 
Rep Tiahrt, Todd [KS-4] 	        Rep Tiberi, Patrick J. [OH-12] 
Rep Toomey, Patrick J. [PA-15] 		Rep Turner, Michael R. [OH-3] 
Rep Vitter, David [LA-1] 	        Rep Walsh, James T. [NY-25] 
Rep Weldon, Curt [PA-7] 	        Rep Weldon, Dave [FL-15] 
Rep Weller, Jerry [IL-11] 	        Rep Whitfield, Ed [KY-1] 
Rep Wicker, Roger F. [MS-1] 		Rep Wilson, Joe [SC-2] 
Rep Wolf, Frank R. [VA-10] 	        Rep Young, Don [AK]