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Church-State Group Complains After Baptist Endorses Huckabee

posted by nsymmonds | 5:32pm Thursday August 16, 2007

(RNS) A church-state watchdog group is urging the Internal Revenue Service to investigate a top Southern Baptist pastor and radio personality, saying that he violated tax laws by endorsing presidential candidate Mike Huckabee.
Americans United for Separation of Church and State says California pastor and radio host Wiley Drake, the second vice president of the Southern Baptist Convention, broke the law by endorsing Huckabee for president. Huckabee, who is seeking the Republican nomination, is a former Southern Baptist pastor.
On Aug. 11, Drake released a letter saying “I am going to personally endorse Mike Huckabee. I ask all of my Southern Baptist brothers and sisters to consider getting behind Mike and helping him all you can.
…I believe God has chosen Mike for such an hour.”
Drake’s letter was written on stationary from his First Southern Baptist Church of Buena Park, Calif., and referenced his title as second vice president of the 16 million-member Southern Baptist Convention, according to documents provided by Americans United.
Drake again endorsed Huckabee Aug. 13 on his radio show, “The Wiley Drake Show.”
“Federal tax law is clear,” said the Rev. Barry Lynn, executive director of Americans United.
“Churches and other nonprofits may not endorse candidates if they want to keep their tax exemption. I am confident that the vast majority of Americans do not want to see their houses of worship politicized.”
Drake responded on Tuesday. “In light of the recent attack from the enemies of God I ask the children of God to go into action with Imprecatory Prayer, especially against Americans United for Separation of Church and State.”



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Comments read comments(15)
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JohnQ

posted August 16, 2007 at 6:05 pm


Christians praying against other Christians. How sad. To me, it does not sound like something Christ would have encouraged.
Peace!



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Joey

posted August 16, 2007 at 6:07 pm


Okay, asking God to curse Americans United is going a little far…plus unncessary, they’re probably all going to Hell anyway. :-)
Anyway, from my understanding of law, it would not be a problem if he was saying that he, himself, Wiley Drake, endorsed Huckabee. However, calling on his co-religionists to do the same and saying God has chosen the man would seem to overstep the bounds. I’m curious, though, if the IRS could go after the Southern Baptist Convention over this—it was, after all, one of its members, not the SBC itself, that made the endorsement. How does that work, then?
God bless.



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JohnQ

posted August 16, 2007 at 6:28 pm


—it was, after all, one of its members, not the SBC itself, that made the endorsement. How does that work, then?
An officer of an organization is deemed to represent the organization unless it is clearly stated otherwise. So, had Pastor Wiley stated that he personally was endorcing Huckabee (as he did) and used personal stationary rather than organizational stationary…there would be no problem. However, using organizational stationary denotes an endorcement from both his church and the SBC. Big problem!
Peace!



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Henrietta22

posted August 16, 2007 at 7:40 pm


Is this really 2007, and we’re living in the U.S.A.? Wiley Drake, CA pastor and radio host, also second Vice President of the Southern Baptist Convention is ‘reeling’ from the enemies of God, and the people who believe in seperation of Church and State is the worse! and he’s asking all his own to pray imprecatory prayers!!! against us? Let’s see to imprecate is to call down or invoke (evil or curses) as upon a person, execrate, denunciate! Everyone start burning candles for protection, and may the curses bounce off all they pray against and bounce back on them. Grandma always said, “When you wish bad on people it comes back to you instead”.



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NightLad

posted August 16, 2007 at 8:43 pm


If religious organizations want to act like political organizations, then they should be taxed like them. As soon as they put their money where their mouths are, they can say anything they like in regard to political whatnot.



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Windsors Child

posted August 16, 2007 at 8:53 pm


I may be the recipient of some imprecatory prayers (that’s okay; it probably won’t be the first time!), but I believe that Mr. Drake did overstep an IRS ruling here. Churches, because they are tax exempt, may not endorse candidates for public office. Pastors may do so, provided they do it as private citizens and not as church leaders. The church where I worship is very meticulous about this. Our pastors make no public endorsements, and our church literature is careful not to take any positions on political issues at election time. Most of our people take very similar positions, so there really is no need for public pronouncements anyway. The ruling (it is not a law established by Congress, but a ruling of the IRS), as I understand it, was the result of President Lyndon Johnson’s annoyance at a religious group that did not agree with him. Some believe it is an unfair ruling, and it seems the IRS is somewhat selective in enforcing it sometimes, but it is the law, and Christians are called to obey the law. Sorry, Mr. Drake. I cannot support you on this one.



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nnmns

posted August 16, 2007 at 11:06 pm


“In light of the recent attack from the enemies of God I ask the children of God to go into action with Imprecatory Prayer, especially against Americans United for Separation of Church and State.”
So, could the leaders of AUfoSC&S sue Drake for assault? To people who believe such prayers work, this is clearly an attack.
Also, it seems to me if the government actually thought such prayers had a prayer of working, they should be charging Drake with intent to harm someone. The fact they are not, and likely never gave it a thought, is evidence (not that any is needed) that this is NOT a “Christian nation”.



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Anonymous

posted August 16, 2007 at 11:11 pm


Anyone else having problems with this article showing up in a small frame?



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flakeyOregonian

posted August 17, 2007 at 12:34 am


Wasn’t Jesus’ prayer “THY will be done”? (rather than MY will.) And I don’t recall him ever praying that God curse someone, unless you want to count the names he called the Pharisees and temple officials. In fact, he forgave the people who were killing him. I (obviously) have a big problem with people who believe their faith can be used as a weapon against those who disagree with them. I think they missed part of the message some place along the way.
If a church steps into the political arena, then they should lose their tax exempt status. Set up a political action committee but keep it separate from the church. It’s been done by others.



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pagansister

posted August 17, 2007 at 12:06 pm


Wiley Drake is a total waste of earthly time. He certainly seems arrogant about his access to his Almighty, feeling that he/she will do as Drake askes! We can truly hope he DOESN”T represent the Southern Baptists as a group, but it is possible that he does represent many of them.
Hey, Drake even figures he can call in a bit of “get the enemy” prayers on the Americans United for Separation of Church and State. After all, HE is right and they are most certainly wrong (since he has GOD on his side). How dare they question him! After all, God told him that Huckabee is the chosen one. This being my sarcastic side.
IMO Drake most certainly broke the law when he referenced his title (2nd VP of S.B.C)) on his own churche’s stationary. He not only personally endorsed Huckabee but asked all the Southerm Baptists to do so and again endorsed Huckabee on his own radio show. He probably has a large congregation, so if he wants to lose his tax status, there is lots of bucks for the IRS to collect. Fine with me. I hope the IRS does investigate.
Think he represents the radical side of his religion, a total “fundy” with no tolerance for anyone elses’ beliefs or ideas. Scary.



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gypsylea

posted August 17, 2007 at 2:29 pm


“The ruling (it is not a law established by Congress, but a ruling of the IRS), as I understand it, was the result of President Lyndon Johnson’s annoyance at a religious group that did not agree with him. Some believe it is an unfair ruling, and it seems the IRS is somewhat selective in enforcing it sometimes, but it is the law, and Christians are called to obey the law. Sorry, Mr. Drake. I cannot support you on this one.”
So said Windsors Child above.
Correct, it is a position stated by the IRS in a Revenue Ruling, but, drawing on almost 30 years experience as a tax lawyer, I can tell you that Revenue Rulings are a statement of the position that the IRS will take in Court if the issue is litigated. That is quite different from being “the law.” While opinions differ, I think it is fair to say that many scholars who have fairly researched the issue and don’t have a particular ax to grind think that the IRS position is weak under the trend of church and state cases the Supreme Court has decided in the last few decades. Among other issues, wouldn’t pulling Drake or the SBC’s tax exemption look like one group of Christians (Lynn, et.al.)who don’t like Mike Huckabee, going after another group that does?
I’m not predicting how such a dispute would play out. There are a lot of complexities. There is a reason this issue has not gotten to the Supreme Court even though it has been hanging out there for decades– the IRS settles these cases, as it did in one case I had about 15 years ago that involved a non-church non-profit, with an agreement with the organization that they won’t do it again. They don’t want to risk losing, and if you are a lawyer representing a taxpayer, the risk of loss plus the expense of winning make it hard to advise a client not to settle.



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Chip

posted August 17, 2007 at 3:58 pm


For a religious entitiy’s tax exempt status to be at risk because an officer used the entities stationary to make a political endorsement – seems the IRS position is wrong. If the entity is really a political organization fronting as a religious one would be different. A church should not be muzzled in apeaking to its own membership in order to be tax exempt.



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Bob S

posted August 17, 2007 at 7:21 pm


It is amazing how Jessie Jackson, Al Sharpton and any other Democrat or liberal can stand in the pulpits of Afro-American Churches across the country and spew their political jargon with no comment what so ever…. but let a Republican and he is a right wing radical. Amazing !



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Keith

posted September 2, 2007 at 3:49 pm


I agree with Bob S, the left leaning radicals don’t bother with the likes of the Jessie Jackson’s, Al Sharpton’s of the world, that would just be politically incorrect. I myself, being a SBC minister, would willingly give up any tax exempt status for the sake of free speach. My political opinions from the pulpit are just that, “My opinions.”



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marjay

posted November 7, 2007 at 5:10 pm


The Catholics quietly teach that all the protestants are cults, have no priesthood, and are not Christian. Does time and numbers tranlate a cult into a religion? What if the Catholics are right, and none of the protestant baptisms count? And if they count, how so?



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