March 25, 2003
TARNISHING HIS OWN GLORIOUS LEGACY:
Pope cites peace movements in opposing war (AP, Mar 25, 2003)The vast antiwar movement in the world shows that a "large part of humanity" has repudiated the idea of war as a means of resolving conflicts between nations, Pope John Paul II said in a message released Tuesday.
Yes, and when the part that slaughters its own people and invades its neighbors repudiates violence we can all sit around and sing Kumbaya. Although, one would expect a theologian not to be eagerly anticipating the end of evil as an aspect of mankind. Posted by Orrin Judd at March 25, 2003 10:45 PM
Apparently, the Supreme Pontiff believes, to paraphrase another Catholic, that "all morality is local". Thus it was worth it to free Poland, but not Iraq.
Can someone please explain to me how it is that religious institutions in the U.S. qualify for tax-exempt status when they allow their representatives to opine on political matters in this egregious fashion?
What connection is there between the two? Obviously churches can't be taxed or they'd be effectively under the control of government. But why shouldn't they speak on politics?
Posted by: oj at March 26, 2003 1:02 AMChurches should not enjoy the benefits of tax-exempt status at the same time that they engage in political activities. Otherwise, they offer potentially the biggest campaign contribution "dodge" of all.
To put it another way, separation of church and state should go in both directions...if the state cannot control the churches, then the churches should not attempt to control the state.
Nonetheless, the Church and the Pope, along with other religious figures, have served a distinct purpose, stimulating (one hopes) peole to think about the question, "At what point does the purported pursuit of (and agonizing over) morality become an immoral act?".
Posted by: Barry Meislin at March 26, 2003 4:04 AMHarry - If opining on politics is a "campaign contribution," then we will soon have no free speech at all.
Barry - Yes. But an equally good purpose would have been to get the do-nothings to think about when inaction
becomes immoral. That, they haven't even attempted.
Harry:
Nor is separation of church and state aught but an anti-democratic gloss on a constitution that demands it not at all.
PJ: I was not saying that opining on politics is a campaign contribution. I was saying that, if a Church becomes too involved in politics, it's tax-exempt status would make it the perfect "bag man" for political contributions. No limits on charitable giving, and tax-deductible to boot!
OJ: admittedly, the point about religion is not in the Constitution itself, but in the Bill of Rights. But it's right up there at the top. I have always felt, by the way, that the author would have written "no law respecting the establishment of a
religion" if they really meant no state-sponsored church; that in fact the way this phrase is turned ("respecting an establishment of religion") in fact was meant to say no special laws regarding religion(s) at all (e.g. no tax-exempt status).
In any case, I don't have a problem with churches having political opinions, OR with their being tax-exempt. Just not both at the same time.
Harry - The reason that 1st Amendment is phrased "no law respecting an establishment of religion" is that it was intended to prevent Congress from both establishing a federal religion or
interfering with any of the existing state establishments. There were many establishments of religion at the time of the Bill of Rights, and the Amendment assured that Congress could not make a law regarding any of them.
I should read this comments before I post them. Should have been "either-or" or "both-and".
Posted by: Paul Jaminet at March 26, 2003 10:52 AMPJ: your interpretation of the language as written actually agrees with mine, I think. My point is that a law granting tax-exempt status to churches is a "law respecting establishment of religion", and thus violates the meaning of the First Amendment. Perverse of me, yes?
Posted by: Harry Tolen at March 26, 2003 12:05 PMHarry - I don't think tax-exempt status constitutes an "establishment of religion." If it did, then I would agree with you that it was unconstitutional at the federal level, though not at the state level.
Posted by: Paul Jaminet at March 26, 2003 3:00 PMAh, but it depends on how one construes the word "establishment". If it is taken to mean "the founding of", then perhaps yes. But if its meaning is found to be synonymous with the word "organization" (both usages are common in today's English) then, bingo! I suppose a specialist in 18th century linguistics would have to tell us how it was used at the time.
Posted by: Harry Tolen at March 26, 2003 3:46 PMThe religious tax exemption is firmly established as constitutional by long-standing precedent and practice. Certainly advocacy of general positions for or against such things as war, abortion or slavery would not be thought to endanger it. Contrast and compare this gereral advocacy of moral positions with the frank partisan activity of Negro churches, which commonly act as an auxilliary of the Democrat party, holding political rallies during services and the like. Better to counter antiwar bad speech with more speech. Personally, I am disgusted and ashamed of the foregoing antiwar activity, which costs lives by extending false hope to the enemy. "War never settled anything," my Archbishop recently preached. It settled the Milvian bridge and it settled Lepanto, and where would you be if it had not?
Posted by: LouGots at March 26, 2003 6:34 PMWe atheists like to see the pope talk this
way, as it devalues his moral authority
with every syllable. Not that it deserves
any, but some people are still under the
impression that the Roman Catholic
Church is concerned with morality and is
something other than a continuing criminal
enterprise.
Even if we didn't have a First Amendment,
it would seem the province of churches
to offer moral counsel -- no matter how
bad -- and the duty of citizens to judge it
for what it is worth.
Virginia taxes church property except that
actually used for worship, which I think
perhaps Harry T. might go for.
It is true, as Paul says, that states were
allowed to mulct citizens to support churches,
and Connecticut supported the Congregational
Church out of public funds until 1804.
This outraged Americans' sense of fairness
and eventually even the Land of Steady
Habits had to enter the 19th century,
kicking and screaming and enacting Blue
Laws.
However, Orrin, as usual, refuses to confront
Article VI, which is where the constitutionally
required separation of church and state
comes from. As the Founders understood
very clearly.
Harry - If all you mean by separation of church and state is that there be no religious test to qualify for public office, then even I am in favor of separation of church and state.
Alas, it is true that Catholic bishops have not recently shined in their moral pronouncements.
At the time of the Founding the established churches in soime states were even funded by tax dollars.
Posted by: oj at March 26, 2003 9:12 PMI just said that, didn't I?
I believe Orrin is dissatisfied with the extensions
given to the commerce clause, although he's
in a pretty small minority there. If the logical
extension of the commerce clause gives us
what it gave us, then an even less extensive
interpretation of Article VI gets us a wall of
separation of church and state.
The sequence is easy. No religious test means
no religious preference. No preference means
no subsidy.
The tax exemption, which amounts to subsidy,
is part of the practical slippage that makes our
organic law work. If you want an organic law
with no slippage, then, lo, I give you Canada's
human rights clause.
