Faith-Based ProfitsPublished: October 16, 2006
Mary Rosati, a novice training to be a nun in Toledo, Ohio, says that after she received a diagnosis of breast cancer, her mother superior dismissed her. If Ms. Rosati had had a nonreligious job, she might have won a lawsuit against her diocese (which denies the charge). But a federal judge dismissed her suit under the Americans With Disabilities Act, declining to second-guess the church’s “ecclesiastical decision.”
Ms. Rosati’s story is one of many that Diana Henriques told in a recent Times series examining the fast-changing legal status of churches and religious-affiliated institutions. The series showed that the wall between church and state is being replaced by a platform that raises religious organizations to a higher legal plane than their secular counterparts.
Day care centers with religious affiliations are exempted in some states from licensing requirements. Churches can expand in ways that would violate zoning ordinances if a nonreligious builder did the same thing, and they are permitted, in some localities, to operate lavish facilities, like state-of-the-art gyms, without paying property taxes.
Some of the most disturbing stories, like Ms. Rosati’s, involve employment discrimination. Ms. Henriques told of a New Mexico rabbi who was dismissed after developing Parkinson’s disease and found himself blocked from suing, and of nurses in a 44,000-employee health care system operated by the Seventh Day Adventists barred from joining unions.
Religious institutions should be protected from excessive intrusion by government. Judges should not tell churches who they have to hire as ministers, or meddle in doctrinal disputes. But under pressure from politically influential religious groups, Congress, the White House, and federal and state courts have expanded this principle beyond all reason. It is increasingly being applied to people, buildings and programs only tangentially related to religion.
In its expanded form, this principle amounts to an enormous subsidy for religion, in some cases violating the establishment clause of the First Amendment. It also undermines core American values, like the right to be free from job discrimination. It puts secular entrepreneurs at an unfair competitive disadvantage. And it deprives states and localities of much-needed tax revenues, putting a heavier burden on ordinary taxpayers. ...
Monday, October 16, 2006
Sunday, October 15, 2006
As an employer, Ms. White must comply with the civil rights laws; ... Religious organizations ... are protected by the courts from almost all lawsuits
As Exemptions Grow, Religion Outweighs Regulation | By DIANA B. HENRIQUES | Published: October 8, 2006
EXEMPTIONS AVAILABLE Federal law gives religious organizations unique ways to challenge government restrictions on how they use their land or buildings. In Boulder County, Colo., the Rocky Mountain Christian Church is using a new federal law to fight a county decision preventing it from expanding on land designated for open space.
At any moment, state inspectors can step uninvited into one of the three child care centers that Ethel White runs in Auburn, Ala., to make sure they meet state requirements intended to ensure that the children are safe. There must be continuing training for the staff. Her nurseries must have two sinks, one exclusively for food preparation. All cabinets must have safety locks. Medications for the children must be kept under lock and key, and refrigerated.
The Rev. Ray Fuson of the Harvest Temple Church of God in Montgomery, Ala., does not have to worry about unannounced state inspections at the day care center his church runs. Alabama exempts church day care programs from state licensing requirements, which were tightened after almost a dozen children died in licensed and unlicensed day care centers in the state in two years.
The differences do not end there. As an employer, Ms. White must comply with the civil rights laws; if employees feel mistreated, they can take the center to court. Religious organizations, including Pastor Fuson’s, are protected by the courts from almost all lawsuits filed by their ministers or other religious staff members, no matter how unfairly those employees think they have been treated.
And if you are curious about how Ms. White’s nonprofit center uses its public grants and donations, read the financial statements she is required to file each year with the Internal Revenue Service. There are no I.R.S. reports from Harvest Temple. Federal law does not require churches to file them.
Far more than an hourlong stretch of highway separates these two busy, cheerful day care centers. Ms. White’s center operates in the world occupied by most American organizations. As a religious ministry, Pastor Fuson’s center does not. ...
EXEMPTIONS AVAILABLE Federal law gives religious organizations unique ways to challenge government restrictions on how they use their land or buildings. In Boulder County, Colo., the Rocky Mountain Christian Church is using a new federal law to fight a county decision preventing it from expanding on land designated for open space.
At any moment, state inspectors can step uninvited into one of the three child care centers that Ethel White runs in Auburn, Ala., to make sure they meet state requirements intended to ensure that the children are safe. There must be continuing training for the staff. Her nurseries must have two sinks, one exclusively for food preparation. All cabinets must have safety locks. Medications for the children must be kept under lock and key, and refrigerated.
The Rev. Ray Fuson of the Harvest Temple Church of God in Montgomery, Ala., does not have to worry about unannounced state inspections at the day care center his church runs. Alabama exempts church day care programs from state licensing requirements, which were tightened after almost a dozen children died in licensed and unlicensed day care centers in the state in two years.
The differences do not end there. As an employer, Ms. White must comply with the civil rights laws; if employees feel mistreated, they can take the center to court. Religious organizations, including Pastor Fuson’s, are protected by the courts from almost all lawsuits filed by their ministers or other religious staff members, no matter how unfairly those employees think they have been treated.
And if you are curious about how Ms. White’s nonprofit center uses its public grants and donations, read the financial statements she is required to file each year with the Internal Revenue Service. There are no I.R.S. reports from Harvest Temple. Federal law does not require churches to file them.
Far more than an hourlong stretch of highway separates these two busy, cheerful day care centers. Ms. White’s center operates in the world occupied by most American organizations. As a religious ministry, Pastor Fuson’s center does not. ...
tax break is not available to the staff at secular nonprofit organizations whose scale and charitable aims compare to those of religious ministries
Religion-Based Tax Breaks: Housing to Paychecks to Books | By DIANA B. HENRIQUES | Published: October 11, 2006
For tens of millions of Americans, the Rev. Rick Warren is best known for his blockbuster spiritual guide, “The Purpose Driven Life,” which has sold more than 25 million copies; his success as the founder of the 22,000-member Saddleback Church in Lake Forest, Calif.; and his efforts on behalf of some of the world’s neediest people.
But for tens of thousands of ministers — and their financial advisers — Pastor Warren will also be remembered as their champion in a fight over the most valuable tax break available to ordained clergy members of all faiths: an exemption from federal taxes for most of the money they spend on housing, which typically represents roughly a third of their compensation. Pastor Warren argued that the tax break is essential to poorly paid clergy members who serve society.
The tax break is not available to the staff at secular nonprofit organizations whose scale and charitable aims compare to those of religious ministries like Pastor Warren’s church, or to poorly paid inner-city teachers and day care workers who also serve their communities.
The housing deduction is one of several tax breaks that leave extra money in the pockets of clergy members and their religious employers. Ministers of every faith are also exempt from income tax withholding and can opt out of Social Security. And every state but one exempts religious employers from paying state unemployment taxes — reducing the employers’ payroll expenses but also leaving their workers without unemployment benefits if they are laid off.
Another religion-based tax break — the only one consistently defeated in the courts in recent years — is an exemption from state sales taxes for religious publications but not for secular ones.
This sales tax break has been struck down as unconstitutional in at least five states, most recently in Georgia in February, when a United States District Court judge, Richard W. Story, ruled that “the unique and preferential treatment the state provides to ‘religious’ literature raises serious constitutional concerns” under the First Amendment clause prohibiting an “establishment” of religion.
Yet a few states still have a sales tax exemption for religious publications. ..
For tens of millions of Americans, the Rev. Rick Warren is best known for his blockbuster spiritual guide, “The Purpose Driven Life,” which has sold more than 25 million copies; his success as the founder of the 22,000-member Saddleback Church in Lake Forest, Calif.; and his efforts on behalf of some of the world’s neediest people.
But for tens of thousands of ministers — and their financial advisers — Pastor Warren will also be remembered as their champion in a fight over the most valuable tax break available to ordained clergy members of all faiths: an exemption from federal taxes for most of the money they spend on housing, which typically represents roughly a third of their compensation. Pastor Warren argued that the tax break is essential to poorly paid clergy members who serve society.
The tax break is not available to the staff at secular nonprofit organizations whose scale and charitable aims compare to those of religious ministries like Pastor Warren’s church, or to poorly paid inner-city teachers and day care workers who also serve their communities.
The housing deduction is one of several tax breaks that leave extra money in the pockets of clergy members and their religious employers. Ministers of every faith are also exempt from income tax withholding and can opt out of Social Security. And every state but one exempts religious employers from paying state unemployment taxes — reducing the employers’ payroll expenses but also leaving their workers without unemployment benefits if they are laid off.
Another religion-based tax break — the only one consistently defeated in the courts in recent years — is an exemption from state sales taxes for religious publications but not for secular ones.
This sales tax break has been struck down as unconstitutional in at least five states, most recently in Georgia in February, when a United States District Court judge, Richard W. Story, ruled that “the unique and preferential treatment the state provides to ‘religious’ literature raises serious constitutional concerns” under the First Amendment clause prohibiting an “establishment” of religion.
Yet a few states still have a sales tax exemption for religious publications. ..
Monday, October 02, 2006
Their efforts at times push legal limits on church involvement in partisan campaigns. That is by design.
Pastors Guiding Voters to GOP | The Christian right seeks out members who might not go to the polls. The focus is issues, but some leaders don't oppose endorsement. | By Stephanie Simon, Times Staff Writer | October 1, 2006
With a pivotal election five weeks away, leaders on the religious right have launched an all-out drive to get Christians from pew to voting booth. Their target: the nearly 30 million Americans who attend church at least once a week but did not vote in 2004.
Their efforts at times push legal limits on church involvement in partisan campaigns. That is by design. With control of Congress at stake Nov. 7, those guiding the movement say they owe it to God and to their own moral principles to do everything they can to keep social conservatives in power.
Preachers "ought to put their toe right on the line," said Mathew D. Staver, founder of Liberty Counsel, a nonprofit law firm that supports conservative Christian causes.
The Rev. Rick Scarborough, a leading evangelical in Texas, has recruited 5,000 "patriot pastors" nationwide to promote an agenda that aligns neatly with Republican platforms. "We urge them to avoid legal entanglement, but there are times in a pastor's life when he needs to take a biblical stand," Scarborough said. "Our higher calling is to Christ." ...
With a pivotal election five weeks away, leaders on the religious right have launched an all-out drive to get Christians from pew to voting booth. Their target: the nearly 30 million Americans who attend church at least once a week but did not vote in 2004.
Their efforts at times push legal limits on church involvement in partisan campaigns. That is by design. With control of Congress at stake Nov. 7, those guiding the movement say they owe it to God and to their own moral principles to do everything they can to keep social conservatives in power.
Preachers "ought to put their toe right on the line," said Mathew D. Staver, founder of Liberty Counsel, a nonprofit law firm that supports conservative Christian causes.
The Rev. Rick Scarborough, a leading evangelical in Texas, has recruited 5,000 "patriot pastors" nationwide to promote an agenda that aligns neatly with Republican platforms. "We urge them to avoid legal entanglement, but there are times in a pastor's life when he needs to take a biblical stand," Scarborough said. "Our higher calling is to Christ." ...
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