IRS tells pro-lifers to give up 1st Amendment

IRS tells pro-lifers to give up 1st Amendment

The Internal Revenue Service has told members of the Coalition for Life of Iowa they would have to give up their 1st Amendment rights in order to be recognized as a non-profit organization, according to a complaint being pursued by members of the Thomas More Society.

The organization incorporated in 2004 as a not-for-profit under Iowa law and has been operating strictly within the guidelines for groups set up for religious, educational and charitable purposes, a letter sent to the IRS last week said.

"As detailed in its … narrative, the Coalition for Life carries out its tax-exempt work by sponsoring educational forums and coordinating with other like-minded groups to educate the public and otherwise promote sanctity of life principles," the letter continues.



"The Coalition is aware that from time to time, individuals who may or may not be involved with the Coalition gather for prayer outside of a Planned Parenthood facility. These gatherings are consistently small (ten or fewer people), peaceful, not in any way disrupting, and consist solely of silent and spoken prayers," the lawyer wrote.

However, an IRS agent then contacted the Coalition, through its president Susan Martinek, demanding to know whether the group "engaged in any 'picketing' or 'protest' activities at Planned Parenthood. … You then asked Ms. Martinek to have all Coalition Board members sign a statement that the Coalition will not 'picket' or 'protest' outside of Planned Parenthood or similar organizations and will not 'organize' others to do so," the law firm's letter said.

Concerned over the sudden restrictions on free speech, freedom of association and freedom of religion rights, the Coalition contact legal counsel, and attorney Sally Wagenmaker said she contacted the IRS about the issue.

"You expressed the legally erroneous view that the Coalition is not allowed per se to engage in 'advocacy' as a section 501(c)(3) organization," the attorney said.

"The IRS' requests come perilously close to violating the First Amendment constitutional rights of the Coalition's supporters, and they are not otherwise germane to the Coalition for Life's pending ... application. As you acknowledged verbally to me over the telephone, the Coalition's application is now ripe for approval. The IRS's delay and questioning … constitutes unnecessary and prejudicial interference with the Coalition's legal right to a tax-exempt determination."

"This is the way government oppression creeps into a society," said Judie Brown, president of American Life League. "It starts when the government targets, and attempts to intimidate and silence the grassroots dissenters who will not dance to the tune of the Obama administration’s radically pro-abortion policies."

"This is not only political intimidation by the Internal Revenue Service but it is a blatant violation of First Amendment rights," Brown said. "Neither the Coalition for Life of Iowa nor any other educational and advocacy organization should be subjected to such discriminatory scrutiny. This is a clear case of government repression."



From Thomas More:

IRS Demands Assurances that Coalition for Life of Iowa Will Not Oppose Planned Parenthood

Thomas More Society demands that the IRS grant tax-exempt status to the Iowa Coalition as required by law.

After inquiring about the “educational” nature of the Coalition for Life of Iowa’s activities, the IRS stated that it would not grant a tax exemption unless the Coalition agreed to limit its “picketing” and “protesting” of a local Planned Parenthood. Compliance with this request would result in a restriction of the speech of the Coalition for Life, as well as a breach of its First Amendment rights. While other non-profits have had no trouble attaining tax-exempt status from the IRS, this unwarranted ultimatum reveals prejudice toward a Pro-Life organization and, by extension, the Pro-Life movement. Such demands should never arise in the IRS’s decision-making process to grant tax-exempt status for any applicant non-profit organization.

“If the IRS can discriminate against one non-profit, section 501(c)(3) group based on its religious affiliation, then the IRS could theoretically regulate the speech of any other non-profit organization,” said Tom Brejcha, president and chief counsel of the Thomas More Society.

Thomas More Society has filed a petition for writ of certiorari in the United States Supreme Court in Choose Life Illinois v. Jesse White. Enlisting the aid of Special Counsel Alan Untereiner, Thomas More Society has "put the band back together" for another U.S. Supreme Court appeal, this time to defend Americans' rights to express their pro-adoption "Choose Life" views in public square.

"We are committed to fight this battle to the finish," said TMS President & Chief Counsel Tom Brejcha, "It makes no sense that suppression of the 'Choose Life' specialty plate in Arizona was condemned by the Ninth Circuit US Court of Appeals as 'viewpoint discrimination' in violation of the First Amendment rights of Arizona's citizens, whereas that same suppression in Illinois was held a valid exercise of state power."

For more information about the case, linked are the following:

From Christian news Wire

IRS Demands that Coalition for Life of Iowa Swear It Will Not Oppose Planned Parenthood
Thomas More Society Attorneys Request that IRS Stop the Harassment and Violation of Coalition's Constitutional Rights to Prayer and Legal Protests Outside Planned Parenthood

Contact: Tom Brejcha, President & Chief Counsel, Thomas More Society, 312-782-1680, 312-590-3408 cell; Tom Ciesielka, TC Public Relations, 312-422-1333, tc@tcpr.net

CHICAGO, July 6 /Christian Newswire/ -- Today, the Internal Revenue Service (IRS) was put on notice that the Thomas More Society in Chicago stands ready to defend the Coalition for Life of Iowa against the prejudicial questioning by the IRS, which has delayed granting tax exemption to the non-profit religious organization. After questioning the "educational" nature of the Coalition's materials, prayer meetings, talks and other Pro-Life activities, the IRS stated that it would not grant tax exemption until the Coalition swore to limit its "picketing" and "protesting" of Planned Parenthood.

In their response, attorneys of the Thomas More Society defending the Coalition, argued that the IRS is in danger of violating the First Amendment and that the request for tax exemption should be promptly granted. The repeated questioning of the Coalition suggests that the IRS may be denying or delaying tax-exempt status to an eligible organization based solely upon its religious affiliation and speech. Many other organizations regularly advocate on both sides of these issues, and they have not been hindered in obtaining or maintaining tax-exempt status under section 501(c)(3).

"The IRS not only erroneously forbade the Coalition for Life of Iowa from engaging in 'advocacy' as a section 501(c)(3) non-profit organization; they also never gave any explanation as to why their request was relevant," said Thomas Brejcha, president and chief counsel for the Thomas More Society. "The Coalition has clearly and truthfully stated that all its activities fall in line with IRS guidelines. The IRS is protecting Parenthood and harassing the Coalition for Life of Iowa."

Thomas More attorneys verify in their response that the Coalition for Life of Iowa has never engaged in any disruptive, violent or threatening action. Its activities, such as prayer meetings and events held to educate the public about sanctity of life issues, have been peaceful. As nearly all of its funds go toward education and the "advancement of religious beliefs," which falls under the definition of "charitable" under section 501(c)(3), the Coalition should thus be clearly eligible for immediate tax-exempt status from the IRS.

"By their own regulations, the IRS must take up a position of with respect to the beliefs advocated by an organization," said Brejcha. "If the IRS can discriminate against one non-profit based on its beliefs and religious affiliation, then the IRS could regulate the speech of any other non-profit organization."

COPIES OF THE LETTER TO THE IRS AND ALL SUPPORTING DOCUMENTS AVAILABLE UPON REQUEST

See PDF of Petition and Appendices

Correspondence PDF