Senator Grassley’s attack on religious liberty
Senator Chuck Grassley is apparently not a big fan of those who preach some variant of the “prosperity gospel.” In fact, this form of ministry troubles Grassley so much that this past winter he decided to use his considerable power as the “former chairman and now Ranking Member on the Senate Finance Committee” to launch a full-blown investigation into the operational affairs of six “prosperity-gospel” ministries: Without Walls International Church; World Healing Center Church, Inc./Benny Hinn Ministries; Joyce Meyer Ministries; World Changers Church International; Kenneth Copeland Ministries; and New Birth Missionary Baptist Church.Here is the relevant text of the letter Grassley sent each of the foregoing ministries on November 5, 2007:
The Finance Committe has a long tradition of reviewing tax-exempt organizations. It is important that the Congress and public have confidence that public charities, which benefit from very significant tax breaks, are operated in a manner that promotes continued trust and that these charities adhere to guidelines established by the Internal Revenue Service. Historically, Americans have given generously to religious organizations, and those who do should be assured that their donations are being used for the tax-exempt purposes of the organizations.
Recent articles and news reports regarding the possible misuse of donations made to religious organizations have caused some concern for the Finance Committee. Since your organization is not required to file Form 990 with the Internal Revenue Service, I am requesting that you answer the following questions and provide the following information for my review.
Come Again? This is the basis of Grassley’s investigation? ”Recent articles and news reports”? Which ones? Where are the allegations of wrongdoing? What have these ministries done to warrant such scrutiny from Grassley and the Senate Finance Committee? If there really is evidence of serious wrongdoing, then why isn’t the IRS leading the charge against these ministries?
Look, I understand how Grassley and many folks feel about “prosperity gospel” ministries. Lord knows it’s not my cup of tea. Indeed, I use to subscribe to “The Wittenburg Door” for the sole purpose of reading its blistering (and hilarious) critiques of such ministries.
Nevertheless, I find Senator Grassley’s investigation of these ministries deeply troubling. At no time, has Grassley specified “the reported allegations of wrongdoing,” nor their sources. So, how in the world are these ministries supposed to address vague, unsubstantiated allegations of wrongdoing? Grassley’s letter to the ministries simply states that there are unspecified ”articles and reports” floating around “regarding the possible misuse of donations.” Are you freaking kidding me? This smells like a witch hunt to me, plain and simple.
Indeed, on the day the documents Grassley requested were due, he issued a press release that noted, among other things:
It’s good that some of the ministries are cooperating. I hope all of them will cooperate in the end. They have to realize that ministries are no different from any other non-profit organization. They have to abide by tax laws just like any tax-exempt group. I’ll be accommodating and give the ministries more time as long as they’re cooperating and indicate that to my office. If they don’t cooperate, it would be very unusual. I’ve looked at a lot of non-profit groups over the years, and they’ve all cooperated. The only possible exception is when I was chairman, and then-Ranking Member Baucus asked for my help in getting a subpoena for charities connected to Jack Abramoff. That was an extreme case.
Pay special attention to the fourth sentence. There’s absolutely no evidence that any of the ministries are not “abid[ing] by tax laws.” Shouldn’t Senator Grassley have to set forth a concrete basis for investigating these ministries? Or is he simply allowed to sully their reputations on a whim?
So, where do things stand to date?
At least three of the ministries are, understandably, refusing to cooperate or continue cooperating with the Senate Finance Committee’s investigation. Kenneth Copeland Ministries–which actually complied with the original deadline for producing the requested documents–has decided to up the stakes with Grassley by inviting the IRS to undertake a full audit of its operations. The remaining two ministries have apparently placated the good senator for the time being.
But the question still remains? What ails Grassley? Why is he targeting these ministries? Perhaps Senator Grassley has information that he isn’t sharing, but if the point of this investigation is the inform the public of wrongdoing, then lay out the evidence for all to see (including those being investigated). Allow these ministries to defend themselves against charges allegedly “based on presentations of material from watchdog groups and whistleblowers and on investigative reports in local media outlet.” In the absence of such evidence, one is left to wonder whether Senator Grassley’s investigation is motivated by religious bigotry rather than a genuine concern for the public welfare. As David Boaz noted in a recent op-ed for the Dallas Morning News:
Mr. Grassley’s investigation of the televangelists may be his most troubling crusade to date, as the U.S. has a longstanding commitment to the separation of church and state, and politicians simply have no authority to investigate how religious organizations arrange their affairs.
Finally, this past Friday, the Coalitions for America sent the following letter the Senate Finance Committee, expressing its concerns about the investigation of these ministries:
United States Congress
U.S. Capitol
Washington, DC 20002
May2, 2008
Dear Senate Finance Committee Member:
We write respectfully to let you know of our concerns about the Senate Finance Committee’s investigation into the finances of several churches, all of which share the same branch of evangelicalism, and all of which promote socially conservative public policy positions such as support for the traditional definition of marriage.
While we recognize that some evangelical teachings and socially conservative policy positions are controversial, and that these churches have been the subject of sensational investigative journalism, we are nonetheless concerned that this would possibly justify an investigation outside the normal confines of the Internal Revenue Service and established administrative and judicial procedures.
Congress passed the Church Audit Procedures Act in 1984 specifically to discourage politically driven audits of churches. The Act prevents the Internal Revenue Service from initiating an investigation into a church’s finances unless a “high level Treasury official” concludes that there is reasonable cause for such an investigation. The Act also protects a church under investigation from politically motivated leaks during the course of the examination.
We are unaware of any finding by a high-level Treasury Department official that there is reasonable cause to open an investigation of any of these ministries.
We are concerned that the Senate Finance Committee may be setting a dangerous precedent that may be difficult to reverse. For one thing, controversy will always be a part of religious teaching. And religious controversy is something the media will inevitably strive to exploit, since the media feed on controversy and have demonstrated a bias against evangelical Christians. The Committee’s reliance on media reports in targeting subjects for its investigation would therefore only seem to reinforce this unfortunate bias, however unwittingly.
We cannot recall instances in the past where a congressional committee has targeted major ministries under threat of subpoena. The ministries have been asked to produce financial records and internal documents in what appears to be an exercise in disproving their alleged guilt.
Congress has a legitimate role to play in oversight of our laws, including tax laws governing churches. And ministries have the obligation to be transparent in their financial accounting. But the targeting of specific ministries by a congressional committee would seem to intrude on the free exercise of religion guaranteed under the First Amendment of the U.S. Constitution. We believe this is why churches are properly exempt from taxation in the first place — to prevent governments from using their power to tax as a way to limit the free exercise of religion.
We respectfully ask that investigations into the finances of specific ministries be left with the Internal Revenue Service, overseen and approved by a Treasury Department official who has affirmed that there is reasonable cause for such an investigation, in accordance with the Church Audit Procedures Act.
Signed,
Paul Weyrich, Chairman, Coalitions for America
Donald E. Wildmon, Founder and Chairman, American Family Association
Ken Blackwell, Chairman, Coalition for a Conservative Majority
William Murray, Chairman, Religious Freedom Coalition
Rev. Bill Owens, President, Coalition of African American Pastors
Victoria Cobb, President, The Family Foundation of Virginia
Dr. Gary Cass, Chairman/CEO, Christian Anti-Defamation Commission
Pastor Craig Polston, Kingdom Baptist Church, Fredericksburg, Virginia
Pastor Bob Emrich, The Maine Jeremiah Project, Emmanuel Bible Baptist Church
Dr. Carl Herbster, President, AdvanceUSA
Anthony Verdugo, Christian Family Coalition
Deal W. Hudson, Director, InsideCatholic.com
Rev. Rick Scarborough, President, Vision America
Star Parker, President, Coalition on Urban Renewal and Education
Colin Hanna, President, Pennsylvania Pastors Network
Dr. Danny Forshee, Pastor, First Baptist Church, Lavaca, Arkansas
Sadie Fields, State Chairman, Georgia Christian Alliance
Pastor Jack Knapp, Sandston, Virginia
Larry Cirignano, Founder, CatholicVote
James Martin, President, 60 Plus
George Landrith, President, Frontiers of Freedom
Mathew Staver, Dean and Professor of Law, Liberty University School of Law
Rev. Rob Schenck, National Clergy Council
I could not agree more with the foregoing sentiments. Senator Grassley’s investigation is disturbing on many levels, but especially with regard to the chilling effect it could possibly have on religious speech and free exercise of religion in this country.
Now, I am not saying Senator Grassley is a religious bigot, mind you. But there are “news reports and articles” floating around on the ol’ world-wide web suggesting that might indeed be the case. And until the good senator provides me with complete access to all of his professional and personal papers, I have no choice but to assume that he is one.
I look forward to receiving your timely response to my inquiry, senator.
May 8th, 2008 at 12:50 pm
Feddie,
Thank you for posting this and alerting me to this abuse of government power. I will link to your post over at Grim’s Hall. The word needs to get out. Thanks again.
May 8th, 2008 at 2:39 pm
Feddie - SO great to see that there are others out there that understand what this could hold for the future. Thanks for sharing. Another good read today is this…enjoy!
http://www.dallasnews.com/sharedcontent/dws/dn/religion/stories/050808fealivprobe.1daf55e.html
May 8th, 2008 at 2:59 pm
Great analysis Feddie! I really enjoyed your words, and how true they ring! It is important that we stand up for what is right, and hold our ground to make sure that we continue to be ensured of our first amendment rights. Thank you for sharing the other side of the story!
May 8th, 2008 at 3:02 pm
Of course, it was The Charlotte Observer’s investigation of Jim Bakker’s financial dealings that ultimately led to his conviction and imprisonment, so I don’t understand the complaint about Grassley’s “reliance on media reports.”
Media reports are generally how things get brought to the national, and the government’s, attention and a Senator citing them in seeking more information seems perfectly legitimate.
May 8th, 2008 at 3:22 pm
I don’t understand how religious groups can avoid all government scrutiny so long as they accept special treatment from the government based on their religious status. If the tax code is going to say “religious groups are exempt from income tax,” then the government is necessarily going to be in the business of defining what a “religious group” is. A definition that excludes groups devoted primarily to the self-aggrandizement of their leaders doesn’t strike me as unreasonable.
May 8th, 2008 at 3:36 pm
If the government begins to declare what are and aren’t religious groups, we are in serious trouble. But I don’t think that because we disagree with an organizations beliefs or way they handle their leaders’ salaries, that we should say they don’t qualify as a religious group.
May 8th, 2008 at 4:13 pm
Sounds like Grassley is trying for the title of the New McCarthy. His investigation doesn’t fall very far from McCarthy’s opening statement, “I have on this piece of paper the names …”
Doesn’t the constitution have some things to say about the government meddling in religious issues.
The whole prosperity gospel issue is off limits to the government. It is however an area where Christians need to look at what the Bible says, and compare that to what any preacher is saying.
May 8th, 2008 at 5:35 pm
“If the government begins to declare what are and aren’t religious groups, we are in serious trouble.”
Tyler–I was describing, not prescribing. How does the government avoid the business of determining what is religion (with apologies to Justice Scalia) if that status is sought after as triggering various legal benefits? I think this is precisely the reason old time Baptists were at one point the greatest advocates of a rigid church/state separation; they rejected all entanglement with Caesar.
May 8th, 2008 at 8:46 pm
Of course, the government already does determine who counts (for tax purposes, at least) as religious groups and who doesn’t. That’s why Scientology had to wait some two decades to get tax-exempt status. But churches (and other religious associations) don’t get tax-exempt status because they’re churches, but because they are non-profits, right?
I’ve been surprised that more hasn’t been made of this effort. I think the prosperity gospel folks are, to be frank about it, simple heretics, but heresy shouldn’t (last time I checked) get you dragged before Congress. I mean, what’s next, calling up churches that buy their retired ministers million-dollar homes?
May 9th, 2008 at 8:25 am
Although I may not agree with the methods employed (why hasn’t the senator simply asked the IRS to audit the non-profit status of these organizations - it’s their job, isn’t it?) I can see the government having a legitimate concern that organizations are not using the non-profit status as basically a fig leaf to cover an otherwise for-profit enterprise. If the government is to not be “entangled” with religion, it must out of necessity be able to determine what is, and is not, religion. I don’t think the gov is looking to pass on the veracity of their beliefs, but on the veracity of their claims that they use funds generated for 501(c)(3) purposes.
May 9th, 2008 at 3:56 pm
The issue here isn’t whether there should be any scrutiny of these organizations. It’s whether that scrutiny should be carried out by Sen. Grassley, without Sen. Grassley producing any clear evidence of wrongdoing.
Of course, religious organizations must expect the same sort of government scrutiny as other tax-exempt, non-profit organizations. The IRS, not the Senate Finance Committee, is tasked with providing that scrutiny, and the Congress itself has therefore laid down the constraints under which the IRS does its scrutinizing.
Of course, the government has a legitimate concern in seeing that non-profit entities are in fact non-profit. Again, the IRS has that job, and again, Congress has given them rules of engagement under which they do it.
Of course, media reports can sometimes be a good source to tell investigators where to start looking (as in the PTL case). But media reports need to be produced to be used as evidence; without producing them, how can anyone outside the investigation tell whether these reports are truly credible or the products of Jayson Blair?
If Congress thinks the IRS isn’t up its job of policing non-profits, Congress has the power to change that. If Sen. Grassley really has some dirt on these particular ministries, why doesn’t he produce it?
This whole thing sounds to me like a fishing expedition. Americans have a long tradition of not trusting elected officials to fish only in a constitutional fashion; I don’t see why Sen. Grassley deserves an exemption.
Peace,
–Peter
May 10th, 2008 at 5:03 pm
When Jesus was asked the question, is it right to pay taxes?
He answered with, render unto Caesar the things that are Caesar’s.
At another time.
And when they were come to Capernaum, they that received tribute money came to Peter, and said, does not your master pay tribute?
He said yes. And when he was come into the house, Jesus prevented him saying. What thinkest thou, Simon? Of whom do the kings of the earth take custom or tribute? Of their own children or of strangers?
Peter said unto him, of strangers. Jesus said unto him. Then are the children free.
Notwithstanding, lest we should offend them, go you to the sea, and cast a hook, and take up the fish that first comes up; and when you have opened his mouth, you shall find a piece of money: that take, and give unto them for me and thee.
So we see, there were two times, the question of TAXES was risen. As our example, Jesus answered both time in the affermative, (Pay the TAX).
There then arises the question.
“Why do the churches of today, not pay taxes?” We hear the very words of Jesus. “Render unto Caesar, the things that are Caesar”s” “The strangers pay taxes” (We are sojourners in the earth,) were the strangers, we live in the world but we are not a part of it. “Notwithstanding, lest we should offend them.” (We do offend them), It offends them, as Jesus said it would, because of our belief in him, it also offends them that the churches that profess that belief, have a tax exempt status. Why does it amaze us that this has happened. We were told that persecutions would come.
Pay the taxes, where is the faith of our churches. God will supply all of your needs according to his riches in glory. Show us your faith, by your works. Be the example of what a religion
preaches, it also practices.