Uncommon Sense

April 6, 2019

Are We Violating the First Amendment?

The first amendment to the Constitution begins with the words “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …” and then changes the subject. This “law” has been declared to apply also to state governments.

Currently, the IRS and state taxing authorities generally exempt churches from paying taxes. As a consequence, I must pay more in taxes to make up that shortfall. Therefore, I am being forced by the government to support those churches (even Scientology!). This seems like a violation of the spirit of the First Amendment at the very least and the letter of Constitutional law at the most.

I know some will object and say that churches are charitable organizations and qualify for tax-exempt status thereby. A study I read indicated that just a few percent of most churches incomes (<5%) goes to charity (most going to costs such as utilities, employee salaries, etc.), so that doesn’t hold water. Others claim that churches are non-profits and that doesn’t hold water, either. How is a church, an institution that gives out advice (some for fee, some pro bono) any different from a tax accountant or financial advisor? Granted they may not make much profit to be taxed but they could not sustain continuing losses, so they must make some profit, and some of the large property owning churches make scads of money. And taxes on profits are not the only taxes. Dentists are taxed upon their dental chairs and offices if they own them (property taxes). Financial advisors are taxed likewise. Churches? Not so much.

(And don’t get me started on prosperity churches and their jet plane owning pastors.)

March 5, 2019

SCOTUS … Wandering … Wandering

Filed under: Politics,The Law — Steve Ruis @ 11:32 am
Tags: , , ,

The US Supreme Court decided to stay out of a case from New Jersey about taxpayer funding of the historical preservation of churches. This leaves in place a decision by the New Jersey Supreme Court that held the denial of state funds to religious establishments did not violate the church’s free exercise rights.

Of course, the unwise and unwary justices couldn’t leave well enough alone:

“At some point, this court will need to decide whether governments that distribute historic preservation funds may deny funds to religious organizations simply because the organizations are religious. … [B]arring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion.” Justice Brett Kavanaugh

He says “discrimination” as if it were wrong. In this case discrimination is right. The word “discrimination” has taken on as a primary meaning of discriminating for illegal reasons, such as racial or age discrimination in hiring. But the word just means being able to recognize a distinction; to differentiate. In the justice’s case, he is supposed to discriminate between actions the government is legally allowed to take and actions the government is not. If I may quote from the First Amendment to the Constitution:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;. . .”

Since the adoption of that amendment, the courts have ruled over and over that the government cannot use funds in support of any religion and that this rule applies to the states as well as the federal government. So, according to the Constitution, the SCOTUS is supposed to discriminate between funds spent legally and funds spent illegally, in this case “in support of any religion.”

So, in response to Justice Kavanaugh’s “is pure discrimination against religion.” Yes, thank you, for recognizing what the Constitution stipulates we must do. You have finally recognized your duty and my hope is that you continue to discriminate for the Constitution as you have sworn to do.

 

Create a free website or blog at WordPress.com.