Jay, I know you would like to see the tax code provision barring endorsement of candidates by non-profits repealed. We have a big difference of opinion about that.
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Jay, I know you would like to see the tax code provision barring endorsement of candidates by non-profits repealed. We have a big difference of opinion about that.
As noted in my last post, if that school assignment was to
draw anything you want (and that's the end of the story), then you were right
to intervene. I would have done the same if her mother had called me.
Now, we have been in longtime disagreement about politicking from the pulpit--
I like the 1954 provision of the IRS Code that allows for discussion of
political issues but strictly prohibits actions that constitute endorsement of
or opposition to any candidate for public office. Recently, about 31
pastors violated that provision with the encouragement of a group called the
Alliance Defense Fund, and they hope to create a test case for what they
erroneously call "pulpit freedom."
Two religious bodies have now gone way beyond the idea of speaking out on a
Saturday or Sunday morning in praise of somebody's election.
Let's start in
The Roman Catholic Archdiocese of Paterson, N.J., has
published a letter on its website and in the diocesan newspaper by its bishop
Arthur J. Serratelli. In it, Serratelli
"cleverly" never mentions the name Barack Obama but suggests that "the present
democratic candidate" (who could that be?) is comparable to the biblical
monarch Herod Antipas, the fellow who ordered the beheading of John the
Baptist. Serratelli then goes on a screed
about how in this election we either "choose to respect life...or we sanction the
loss of our most basic freedom". The
Archdiocese denies it's an intervention against Obama.
Jay, I'd like to think you would agree that it is obviously
partisan politicking even if you think the church should be allowed to do it.
And, then, let's move over to
Leaving aside seriously sight-impaired individuals who
cannot see this presentation, can anyone believe this is not a blatant
anti-choice message combined with a clear and unequivocal "vote Republican"
add-on. Without any reference to the
election, a church can put up pretty much anything; with the candidate endorsement
it is a clear violation of the law.
Pastor Michael Naranjo told the local paper : "I'd rather lose my 501 c
(3) than lose my soul."
If the IRS does its job, he should get his wish.
Jay, you are mixing apples and oranges. Let's start with the story of the pro-Obama textbook. Although I must admit I generally treat anything reported in WorldNetDaily like I used to treat the stories of Bat Boy in the now defunct Weekly World News, let's assume they are right about the use of the text containing Obama speeches. This might be worthy of debate but it doesn't raise any First Amendment issues. Schools are free to purchase textbooks that make many kinds of choices about content. It is not unconstitutional to purchase a book that emphasizes John Kennedy over Dwight Eisenhower or which gives more space to Western settlers than to the Native Americans they displaced. Again, there could be pedagogical reasons to challenge the wisdom of some books over others, but it is very rare that you can take those challenges to federal courts. (By the way, the very story you cite indicates that the book was published before Obama was a Presidential candidate and that subsequent editions removed these pages, presumably so as not to appear partisan.)
Indeed, the only ideas that public schools cannot promote are "religious" ideas. You say, that's unfair! Here's why it is not. The First Amendment only prohibits the "laws respecting an establishment of religion"; it doesn't prohibit governments from promoting cultural ideas, economic ideas or political ideas (that's why we have elections)
As for the girl and the cross. I have been hearing about cases of schoolchildren allegedly being denied their right to expression of religious ideas for decades. USA Today famously put out a headline once reading "Girl Gets 'F' For Jesus Paper". She went to court and lost her free speech claim because she had gotten the required teacher approval for a drama paper but decided to change her mind and write on Jesus instead. She got the failing grade because she hadn't followed directions.
So, whether you were right (you might have been) or wrong in writing to the principal depends on some facts that aren't on the record. If the assignment was "draw a powerful image", you are correct; if the assignment was "draw a representation of an animal", you were wrong.
Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.