The Stand in Iowa

 

shutterstock_348035177I suppose we could at least say “We told you so,” though I fear the phrase has lost the sense of smug, self-satisfaction it had when we were younger. Now, I once again see myself empathizing with Jeremiah, who had to constantly tell the people of Jerusalem how bad things would get while competing with many false prophets, even as things went exactly as Jeremiah predicted.

If anything, the current situation in Iowa only confirms what had been long predicted: The government — through bureaucracy and extralegal panels — has moved to compel religious organizations (including churches) to comply with the new progressive political morality. The religious concession supposedly in the laws isn’t even that, as a government hostile to religion and religious thought is now in the business of deciding what constitutes a legitimate religion. The more vocal and aggressive wing of the LGBT movement controls both that movement as well as the media. They will suffer no opposition, and require endorsement. Everything not forbidden is compulsory.

The [Iowa Civil Rights Commission] is interpreting a state law to ban churches from expressing their views on human sexuality if they would “directly or indirectly” make “persons of any particular…gender identity” feel “unwelcome” in conjunction with church services, events, and other religious activities. The speech ban could be used to gag churches from making any public comments—including from the pulpit—that could be viewed as unwelcome to persons who do not identify with their biological sex. This is because the commission says the law applies to churches during any activity that the commission deems to not have a “bona fide religious purpose.” Examples the commission gave are “a child care facility operated at a church or a church service open to the public,” which encompasses most events that churches hold.

The live-and-let-live crowd was either dangerously naïve or dishonest from the get-go. The progressives had no intention of allowing anyone to think other than how they required. When progressives hold power, they are the sole arbiters of what is right and wrong, of who is innocent and who is guilty. The fact that the church yields to an authority greater than Man is unacceptable. First, society must yield to progressive moral pressure, then the schools, and now the church. Soon, the family will follow, losing any rights before an ever-expanding progressive state.

Religious liberty is now where we stand, and the progressives are acting the aggressors.

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  1. Hank Rhody Contributor
    Hank Rhody
    @HankRhody

    More and more I think of myself as a guerrilla warrior against my own government.

    If, as I think most of us agree, that the leftist culture (including the government, media, academia et. al.) is at war with us, then it behooves us to fight that war with whatever resources we have available. In that sense take whatever benefit, subsidy or credit they offer you, and use them for your own purposes. Never let them compromise your message. Never grow dependent on these things because they will be taken away.

    I’ve been thinking this way about a lot more of politics than the culture wars lately.

    • #121
  2. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Ed G.: Is accumulation of resources for no one’s direct benefit the same as income? Is the ability to deduct business expenses from business income a benefit? I suppose in some sense it is, but as a practical matter that’s simply a distinction as to what counts as income and what counts as taxable income. Most of my clients don’t view this as a benefit so much as a reasonable deduction to arrive at taxable income since a strong case can be made that net income is the only reasonable basis to which income tax should be applied.

    You’ve just touched on the #1 problem of our tax system:  the definition of income and the myriad of deductions, exemptions and yes, benefits, that get applied to it.  Regardless, I think whether or not it’s a benefit is beside the point.  Going back to my SS example if I want to receive benefits then I agree to abide to the laws that govern it.  So it is with 501C3 status.  That status comes bundled with present and future gov’t stipulations.  If churches are unwilling/unable to abide by them then they shouldn’t be applying for the exemption.

    • #122
  3. Front Seat Cat Member
    Front Seat Cat
    @FrontSeatCat

    Lily Bart:

    Front Seat Cat:There are plenty of LGBT church and synagogue members who have had to go to the bathroom throughout history – I don’t think anyone noticed or cared when using the facilities in these dwellings. Changing and forcing new rules are to me, another chink in the belt to silence the Message – God’s message and his messengers (hospitals, clinics, private organizations, some Christian specific businesses like Christian Mingles) – I don’t think the goal is always obvious – but it’s underneath the turmoil.

    I think that those people were fully ‘presenting’ as their new gender, and were not likely noticed. Part of the problem here is that government is allowing men (all men, in fact) to choose for themselves, on the spot, if they’d “feel’ like using the ladies bathrooms, dressing rooms, locker rooms and showers. Women have lost the right to even confront men in the ladies rooms to ascertain what the man’s intent is. The assumption will now be that the men have the right to be there unless you catch them in the act of some sexual perversion. And the feeling, the rights, the safety and personal dignity of the women are being thrown to the curb as if they are irrelevant.

    Also, they’ve created more laws for lawyer to exploit, and for activists to weaponize for the purpose of breaking down other peoples’ rights.

    Yes – agree -that’s why changing our current laws is stupid. Not about transgenders….

    • #123
  4. Ed G. Member
    Ed G.
    @EdG

    FloppyDisk90:

    Ed G.: Is accumulation of resources for no one’s direct benefit the same as income? Is the ability to deduct business expenses from business income a benefit? I suppose in some sense it is, but as a practical matter that’s simply a distinction as to what counts as income and what counts as taxable income. Most of my clients don’t view this as a benefit so much as a reasonable deduction to arrive at taxable income since a strong case can be made that net income is the only reasonable basis to which income tax should be applied.

    You’ve just touched on the #1 problem of our tax system: the definition of income and the myriad of deductions, exemptions and yes, benefits, that get applied to it. Regardless, I think whether or not it’s a benefit is beside the point. Going back to my SS example if I want to receive benefits then I agree to abide to the laws that govern it. So it is with 501C3 status. That status comes bundled with present and future gov’t stipulations. If churches are unwilling/unable to abide by them then they shouldn’t be applying for the exemption.

    Or, the stipulations imposed shouldn’t violate other constitutional rights at the same time. Also, as a preferential matter, the stipulations shouldn’t be extraneous to the purpose of the provision to begin with.

    • #124
  5. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Ed G.:

    FloppyDisk90:

    Ed G.: Is accumulation of resources for no one’s direct benefit the same as income? Is the ability to deduct business expenses from business income a benefit? I suppose in some sense it is, but as a practical matter that’s simply a distinction as to what counts as income and what counts as taxable income. Most of my clients don’t view this as a benefit so much as a reasonable deduction to arrive at taxable income since a strong case can be made that net income is the only reasonable basis to which income tax should be applied.

    You’ve just touched on the #1 problem of our tax system: the definition of income and the myriad of deductions, exemptions and yes, benefits, that get applied to it. Regardless, I think whether or not it’s a benefit is beside the point. Going back to my SS example if I want to receive benefits then I agree to abide to the laws that govern it. So it is with 501C3 status. That status comes bundled with present and future gov’t stipulations. If churches are unwilling/unable to abide by them then they shouldn’t be applying for the exemption.

    Or, the stipulations imposed shouldn’t violate other constitutional rights at the same time. Also, as a preferential matter, the stipulations shouldn’t be extraneous to the purpose of the provision to begin with.

    One of those stipulations says something about establishment of religion. I’m fairly certain.

    • #125
  6. Umbra Fractus Inactive
    Umbra Fractus
    @UmbraFractus

    Jamie Lockett: One of those stipulations says something about establishment of religion. I’m fairly certain.

    Another forbids “prohibiting the free exercise thereof.”

    • #126
  7. Columbo Inactive
    Columbo
    @Columbo

    Umbra Fractus:

    Jamie Lockett: One of those stipulations says something about establishment of religion. I’m fairly certain.

    Another forbids “prohibiting the free exercise thereof.”

    Yep. Because in their brazen attempts at restricting the “free exercise thereof” they have in fact established one also … aka Atheism.

    • #127
  8. Ed G. Member
    Ed G.
    @EdG

    Jamie Lockett:

    Ed G.:

    […..]

    Or, the stipulations imposed shouldn’t violate other constitutional rights at the same time. Also, as a preferential matter, the stipulations shouldn’t be extraneous to the purpose of the provision to begin with.

    One of those stipulations says something about establishment of religion. I’m fairly certain.

    Jamie, is that a serious comment?

    If so, then establishment would be stipulating that one must be part of a religion in order to utilize a provision of the law. Simply refraining from discriminating based on religion is not the same as establishing.

    • #128
  9. MJBubba Member
    MJBubba
    @

    Columbo:

    Umbra Fractus:

    Jamie Lockett: One of those stipulations says something about establishment of religion. I’m fairly certain.

    Another forbids “prohibiting the free exercise thereof.”

    Yep. Because in their brazen attempts at restricting the “free exercise thereof” they have in fact established one also … aka Atheism.

    Well, but leave room for nuance.   They have not actually established Atheism.

    What they have done is established a State Moral Code, which divides religions into two classes.   There are the acceptable religions that do not make moral claims that conflict with the State Morality, and then there are the second-class religions that do make moral claims that conflict with the State Morality.

    Leading the list of acceptable religions are agnosticism, Atheism, Universalism.  Also included are all the syncretistic religions and all the religions that are so theologically liberal that they do not provide any fixed moral standards.  So, “California Buddhism” is acceptable, but traditional Asian Buddhisms may not be.  Likewise, this divides the Christian left from the Christian right.  So, people who thought of themselves as theological conservatives but political liberals are now either pushed into an outgroup or else they have to switch to a more theologically liberal religion in order to stay with their political ingroup.

    • #129
  10. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Ed G.:

    You’ve just touched on the #1 problem of our tax system: the definition of income and the myriad of deductions, exemptions and yes, benefits, that get applied to it. Regardless, I think whether or not it’s a benefit is beside the point. Going back to my SS example if I want to receive benefits then I agree to abide to the laws that govern it. So it is with 501C3 status. That status comes bundled with present and future gov’t stipulations. If churches are unwilling/unable to abide by them then they shouldn’t be applying for the exemption.

    Or, the stipulations imposed shouldn’t violate other constitutional rights at the same time. Also, as a preferential matter, the stipulations shouldn’t be extraneous to the purpose of the provision to begin with.

    I agree and it would be nice if that were the case but it’s not the reality.  My point here is largely observational.  Accepting “stuff” (benefits, exempt status, whatever) from the government comes with strings attached.  There are already a substantial set of rules that come with 501(c)(3) status.  Churches shouldn’t be surprised when more are imposed and my $.02 worth of advice to them is if they are truly concerned about more government meddling in their affairs then they would be well advised to distance themselves from any acceptance of government largess, real or perceived, and that includes 501 status.

    • #130
  11. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    FloppyDisk90:

    I agree and it would be nice if that were the case but it’s not the reality. My point here is largely observational. Accepting “stuff” (benefits, exempt status, whatever) from the government comes with strings attached. There are already a substantial set of rules that come with 501(c)(3) status. Churches shouldn’t be surprised when more are imposed and my $.02 worth of advice to them is if they are truly concerned about more government meddling in their affairs then they would be well advised to distance themselves from any acceptance of government largess, real or perceived, and that includes 501 status.

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    • #131
  12. Hank Rhody Contributor
    Hank Rhody
    @HankRhody

    Saint Augustine:

    You consider tax exemption a form of government largess?

    The question isn’t who owns the money, the question is who owns the strings attached to it.

    • #132
  13. Leigh Inactive
    Leigh
    @Leigh

    I followed the links, too. Alliance Defending Freedom does not exaggerate. There’s more than one troubling thing in the pamphlet — read it yourself — but here’s the relevant clause. It’s talking about the restroom policy:

    DOES THIS LAW APPLY TO CHURCHES?

    Sometimes. Iowa law provides that these protections

    do not apply to religious institutions with respect to any religion-based qualifications when such qualifications are related to a bona fide religious purpose.

    Where qualifications are not related to a bona fide religious purpose, churches are still subject to the law’s provisions. (e.g. a child care facility operated at a church or a church service open to the public).

    There is no way to read this except as requiring a Christian school to allow a middle-school boy to use the girl’s restroom. And there’s no way whatsoever that policy is consistent with any honest reading of the 1st amendment.

    The pamphlet does have a disclaimer:

    This guidance document is designed for general educational purposes only and is not intended, nor should it be construed as or relied upon, as legal advice.

    So it is not clear whether this is really the law in Iowa. But it is unquestionably an invitation by this bureaucracy to someone to go file a lawsuit against some church.

    Based on Hosanna-Tabor, I think even the current Supreme Court would dismiss such a lawsuit. But I am not sure.

    • #133
  14. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Saint Augustine:

    FloppyDisk90:

    I agree and it would be nice if that were the case but it’s not the reality. My point here is largely observational. Accepting “stuff” (benefits, exempt status, whatever) from the government comes with strings attached. There are already a substantial set of rules that come with 501(c)(3) status. Churches shouldn’t be surprised when more are imposed and my $.02 worth of advice to them is if they are truly concerned about more government meddling in their affairs then they would be well advised to distance themselves from any acceptance of government largess, real or perceived, and that includes 501 status.

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    • #134
  15. Ed G. Member
    Ed G.
    @EdG

    FloppyDisk90:

    Saint Augustine:

    FloppyDisk90:

    I agree and it would be nice if that were the case but it’s not the reality. My point here is largely observational. Accepting “stuff” (benefits, exempt status, whatever) from the government comes with strings attached. There are already a substantial set of rules that come with 501(c)(3) status. Churches shouldn’t be surprised when more are imposed and my $.02 worth of advice to them is if they are truly concerned about more government meddling in their affairs then they would be well advised to distance themselves from any acceptance of government largess, real or perceived, and that includes 501 status.

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Should the proceeds from a lemonade sale given to a different charitable organization be taxable?

    • #135
  16. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Ed G.:

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Should the proceeds from a lemonade sale given to a different charitable organization be taxable?

    Is the lemonade stand a church?

    Edit:  OK, I think I understand the point here.  Yes, if the church conducting the sale wants to avoid the stipulations that come with 501 status then they will subject the proceeds from the sale to taxes at the regular rate.

    • #136
  17. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    FloppyDisk90:

    Saint Augustine:

    FloppyDisk90:

    I agree and it would be nice if that were the case but it’s not the reality. My point here is largely observational. Accepting “stuff” (benefits, exempt status, whatever) from the government comes with strings attached. There are already a substantial set of rules that come with 501(c)(3) status. Churches shouldn’t be surprised when more are imposed and my $.02 worth of advice to them is if they are truly concerned about more government meddling in their affairs then they would be well advised to distance themselves from any acceptance of government largess, real or perceived, and that includes 501 status.

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Why?

    • #137
  18. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    FloppyDisk90:

    Ed G.:

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Should the proceeds from a lemonade sale given to a different charitable organization be taxable?

    Is the lemonade stand a church?

    Edit: OK, I think I understand the point here. Yes, if the church conducting the sale wants to avoid the stipulations that come with 501 status then they will subject the proceeds from the sale to taxes at the regular rate.

    A reasonable enough thing to say, but it misses the point altogether.

    If tax exemption is government largess, then you should just say “Yes” and stop there.

    • #138
  19. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Saint Augustine:

    FloppyDisk90:

    Ed G.:

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Should the proceeds from a lemonade sale given to a different charitable organization be taxable?

    Is the lemonade stand a church?

    Edit: OK, I think I understand the point here. Yes, if the church conducting the sale wants to avoid the stipulations that come with 501 status then they will subject the proceeds from the sale to taxes at the regular rate.

    A reasonable enough thing to say, but it misses the point altogether.

    If tax exemption is government largess, then you should just say “Yes” and stop there.

    Why?

    • #139
  20. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    FloppyDisk90:

    Saint Augustine:

    FloppyDisk90:

    Ed G.:

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Should the proceeds from a lemonade sale given to a different charitable organization be taxable?

    Is the lemonade stand a church?

    Edit: OK, I think I understand the point here. Yes, if the church conducting the sale wants to avoid the stipulations that come with 501 status then they will subject the proceeds from the sale to taxes at the regular rate.

    A reasonable enough thing to say, but it misses the point altogether.

    If tax exemption is government largess, then you should just say “Yes” and stop there.

    Why?

    Well, you said that tax exemption is government largess.

    It follows that the government has a legitimate claim on those (possible or actual) taxes.

    It follows that the money from which those taxes come (or would come) is taxable.

    • #140
  21. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Saint Augustine:

    A reasonable enough thing to say, but it misses the point altogether.

    If tax exemption is government largess, then you should just say “Yes” and stop there.

    Why?

    Well, you said that tax exemption is government largess.

    It follows that the government has a legitimate claim on those (real or actual) taxes.

    It follows that the money from which those taxes come (or would come) is taxable.

    I’m not so much concerned with the legitimacy issue as whether or not you’re getting preferential treatment (a form of largess).  My point is don’t apply for the preferential treatment if you can’t/won’t abide by the 500 pages of regulation that go along with it.

    • #141
  22. Ed G. Member
    Ed G.
    @EdG

    FloppyDisk90:

    Ed G.:

    501 means tax-exempt, right?

    You consider tax exemption a form of government largess?

    Yes.

    Should the proceeds from a lemonade sale given to a different charitable organization be taxable?

    Is the lemonade stand a church?

    Edit: OK, I think I understand the point here. Yes, if the church conducting the sale wants to avoid the stipulations that come with 501 status then they will subject the proceeds from the sale to taxes at the regular rate.

    The lemonade stand doesn’t need to be religious in nature. I was envisioning the kids on the block and their parents just trying to help someone in need. Should they be taxed on the proceeds of their lemonade sale if it’s given to a public good? Should they be taxed if they only do this once?

    My point was less about applying for a status and what people should be expected to do to get that status, and it was more about exploring how exemption counts as government largesse. I’m trying to get at what you think should be the case. We do have an income tax so does that mean that we should define income in the broadest way possible? Should we refrain from recognizing exceptions on the basis that fairness demands that everyone pays no matter what and that exceptions are just government meddling? Describing an exemption as largesse implies to me that you think the answers are yes and yes.

    • #142
  23. Ed G. Member
    Ed G.
    @EdG

    FloppyDisk90:

    Saint Augustine:

    A reasonable enough thing to say, but it misses the point altogether.

    If tax exemption is government largess, then you should just say “Yes” and stop there.

    Why?

    Well, you said that tax exemption is government largess.

    It follows that the government has a legitimate claim on those (real or actual) taxes.

    It follows that the money from which those taxes come (or would come) is taxable.

    I’m not so much concerned with the legitimacy issue as whether or not you’re getting preferential treatment (a form of largess). My point is don’t apply for the preferential treatment if you can’t/won’t abide by the 500 pages of regulation that go along with it.

    Preferential compared to what? Let’s compare like to like; I get the feeling you’re not allowing for any distinctions. Is charitable lemonade sale activity the same as selling cartons of lemonade for the benefit of the lemonade producers? Is taking donations for our block party the same as taking money (which I’ll keep) in exchange for entertainment I provide?

    • #143
  24. Ed G. Member
    Ed G.
    @EdG

    Then there’s the distinction between encouragement and punishment

    1. If you do xyz then I will refrain from taking your stuff to which I am otherwise entitled (i.e. income) because xyz is so beneficial to the public     VS.
    2. I will take your stuff I otherwise would would not take (i.e. exempt income) unless you do abc because abc is so beneficial to the public
    • #144
  25. Ed G. Member
    Ed G.
    @EdG

    Then there’s the distinction between qualifications relevant to the purpose of the exemption vs qualifications irrelevant of the purpose of the exemption.

    • #145
  26. Brian McMenomy Inactive
    Brian McMenomy
    @BrianMcMenomy

    Another argument for eliminating corporate income tax….keep your filthy hands off our churches.

    • #146
  27. FloppyDisk90 Member
    FloppyDisk90
    @FloppyDisk90

    Ed G.:

    I’m not so much concerned with the legitimacy issue as whether or not you’re getting preferential treatment (a form of largess). My point is don’t apply for the preferential treatment if you can’t/won’t abide by the 500 pages of regulation that go along with it.

    Preferential compared to what? Let’s compare like to like; I get the feeling you’re not allowing for any distinctions. Is charitable lemonade sale activity the same as selling cartons of lemonade for the benefit of the lemonade producers? Is taking donations for our block party the same as taking money (which I’ll keep) in exchange for entertainment I provide?

    501 status exempts *all* income, not just charitable giving, as long as you meet the requirements of the law.  That’s the preferential treatment.

    • #147
  28. The Reticulator Member
    The Reticulator
    @TheReticulator

    Gary McVey:It’s always risky running with a single-source outrage, and as soon as I saw the underlying material was from “Alliance Defending Freedom”, I was skeptical. I give them the trust I’d give an opposing group called “Dancing Men in Their Underwear”, no more, no less.

    So go past ADF’s page to the source. It looks to me that this officious civil rights commission is guilty of misusing the word “service”, simple as that. Read it. It’s not referring to a Mass or “religious service”, it’s referring to “services” provided to the public of a non-religious nature. Naturally it never occurred to the drafters that other people might read “service” as prayer.

    It’s badly written, no doubt about it. But until the anti-SSM crowd comes up with something real, stories like this have to go into the file with “We never landed on the Moon”.

    Either way, it’s a human rights violation.

    • #148
  29. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    FloppyDisk90:

    . . . My point is don’t apply for the preferential treatment if you can’t/won’t abide by the 500 pages of regulation that go along with it.

    Jolly good.

    I’m not so much concerned with the legitimacy issue as whether or not you’re getting preferential treatment (a form of largess).

    In the first place, a similar argument applies:

    (1) Tax exemption is preferential treatment.  (2) So the charitable donation of lemonade stand profits is the same as any other money.  (3) Other money is taxable.  (4) So the charitable donation of lemonade stand profits is taxable.

    So it still seems to me that, since you accept that first premise, an unqualified say “Yes” to the question about the charitable donation of lemonade stand profits would have been accurate.

    In the second place, and more importantly, while I’m happy to call preferential treatment a form of government largess, a new question replaces my question from # 137:

    Why do you consider tax exemption for charitable and religious enterprises to be a form of preferential treatment?

    • #149
  30. Gary McVey Contributor
    Gary McVey
    @GaryMcVey

    Reti, it’s a stinker, no question about it. I read it; I think it’s laughably badly phrased, because I doubt that anybody who’d work for this council or commission would ever realize that “service” has two meanings. The nannying tone of this document, which wouldn’t have passed muster in NYC at the height of the Disco Era, makes it rejectable. But to see in this a license to control religious content isn’t a reasonable outcome of what this thing actually says or does.

    I’m still all in on the Hank Rhody bet.

    This has been one of the less radioactive SSM-ish threads in a while. To keep the flames low, I haven’t responded to every single disagreement; I figure you know where I stand, and I have no trouble figuring out where most of you do.

    • #150
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