• Does an incorporated church have any constitutional rights?

    From kirkguardian@kirkguardian@yahoo.com (kirkguardian) to alt.society.civil-liberty on Saturday, December 27, 2003 11:26:10
    From Newsgroup: alt.society.civil-liberty

    Most churches in America have organized as "incorporated 501c3
    tax-exempt religious organizations." This is a fairly recent trend
    that has only been going on for about fifty years. Churches were only
    added to section 501c3 of the tax code in 1954 (we can thank Sen.
    Lyndon B. Johnson for that).

    Although Johnson proffered this as a "favor" to churches, the favor
    also came with strings attached (more like shackles). One need not
    look far to see the devastating effects 501c3 acceptance has had to
    the church, and the consequent restrictions placed upon any 501c3
    church. 501c3 churches are prohibited from addressing, in any tangible
    way, the vital issues of the day. The 501c3 has had a "chilling
    effect" upon the free speech rights of the church.

    Did the church ever need to seek permission from the government to be
    exempt from taxes? Were churches prior to 1954 taxable? No, churches
    have never been taxable. To be taxable one would first need to be
    under the jurisdiction and therefore under the taxing authority of the government. The First Amendment clearly places the church outside the jurisdiction of the civil government: "Congress shall make NO LAW
    respecting an establishment of religion, nor prohibiting the free
    exercise thereof."

    Religion cannot be free if you have to pay the government, through
    taxation, to exercise it. Since churches aren't taxable in the first
    place, why do so many of them go to the IRS and seek permission to be tax-exempt? It's illogical.

    Most churches also incorporate. At law a corporation is "a creature of
    the State," and "the State is sovereign over all corporations." Not
    only are there immense legal ramifications, there are also huge
    theological ramifications to any church incorporating. By definition
    an incorporated church is a State-Church. Is that what Christ came to
    earth to establish?

    Everyone talks about a "separation of church and state." Yet most
    churches today aren't acting like they're separate from the state at
    all. They act like they're subordinate to the state. They act like
    they need the permission of the state to function.

    Surely this cannot be deliberate, but must be based upon gross
    ignorance of the law. It also seems to be based upon, "Everyone else
    is incorporating and getting their 501c3. Guess we'd better do it
    too." Just because everyone else is doing it, does that make it right?

    What is the tax law regarding churches? According to the IRS,
    "churches are automatically tax-exempt and tax-deductible" without
    ever having to apply for 501c3 status.

    Not only is 501c3 status unnecessary for any church, when a church
    becomes a 501c3 they place themselves under the regulatory control of
    the IRS, and all the potential threat and intimidation that comes
    along with it. Why would any thinking pastor want that, when it's not
    at all necessary? It just doesn't make sense.

    Thankfully, there's a remedy. Churches can stop "rendering unto
    Caesar" those things which belong exclusively to Jesus Christ. For
    some insight on the issue you might want to check out:
    http://501c3.info

    I've found the information there to be very helpful.
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