THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, April 18, 1995 TAG: 9504180301
SECTION: FRONT PAGE: A4 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: WASHINGTON LENGTH: Medium: 55 lines
A group founded by Pat Robertson sued the Internal Revenue Service on Monday on behalf of a New York church that lost its tax-exempt status for advertising against Bill Clinton.
The IRS action against the Church at Pierce Creek in Vestal, N.Y., marked the first time the service has revoked a church's exemption because of its political activities, the plaintiffs say.
Jay Sekulow, attorney for Robertson's American Center for Law and Justice, in Virginia Beach, called the IRS ruling ``the most obnoxious form of censorship.''
``The federal government, through the IRS, (is) telling a church and pastor what it can and cannot say,'' Sekulow said.
The suit filed in U.S. District Court in the District of Columbia contends the IRS ruling violated the First Amendment and the Religious Freedom Restoration Act signed by President Clinton in 1993.
``Christians Beware'' was the title of the ad that ran in USA Today and The Washington Times on Oct. 30, 1992, a week before the presidential election. The church said Clinton supported abortion, distribution of condoms in public schools and homosexuality.
``Do we really want as president . . . a man of this character who supports this type of behavior?'' the ad asked.
Marcus Owens, director of the IRS division on tax-exempt organizations, said federal regulations prevented him from commenting on the April 10 ruling that contributions to the church would no longer be tax-deductible.
He said it was unusual for a church to lose its tax exemption for involvement in a political campaign, but he could not confirm whether the Pierce Creek case was a first.
On average, the IRS revokes the tax exemptions of 20 to 30 charities a year, Owens said.
The Church at Pierce Creek is a non-denominational Christian church. Robertson is a religious broadcaster and businessman based in Virginia Beach.
Barry W. Lynn, executive director of Americans United for the Separation of Church and State, which lodged a complaint with the IRS several days after the ads ran, said the case ``was not a matter of free speech.''
``This is a clear violation of the tax code which specifically prohibits the endorsement by churches or other tax groups of any political candidates,'' Lynn said. ILLUSTRATION: Robertson
KEYWORDS: INTERNAL REVENUE SERVICE LAWSUIT AMERICAN CENTER FOR LAW AND
JUSTICE PAT ROBERTSON by CNB