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	<title>Comments on: &#8220;Changing&#8221; the Church</title>
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	<link>http://gerardnadal.com/2009/12/22/changing-the-church/</link>
	<description>Dr. Gerard M. Nadal: Science in Service of the Pro-Life Movement</description>
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		<title>By: Siarlys Jenkins</title>
		<link>http://gerardnadal.com/2009/12/22/changing-the-church/#comment-185</link>
		<dc:creator><![CDATA[Siarlys Jenkins]]></dc:creator>
		<pubDate>Mon, 04 Jan 2010 04:39:13 +0000</pubDate>
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		<description><![CDATA[Obviously a speculative satire. Also highly unlikely. It does remind me of the attempt by the City of Berkeley (CA) some years ago to tax churches. Well, originally the city council passed a law requiring non-profits to obtain a license, like businesses. The logic was, there are so many non-profits, and relatively few commercial businesses, using city services, we have to do this as a revenue measure. Some eager young man in the revenue department had the bright idea one day, hey, the churches are nonprofits, they should be required to pay the license fee also. A rather pedantic professor at Hastings Law School pontificated that if the law is of general application, it would be unconstitutional not to apply it to churches. The city council basically ducked the whole question by ordering the revenue department to leave the churches alone, obviously on grounds of political expediency.

IF the matter had gone to court, I believe the application of such a law to churches should have been thrown out, on the ground that:

1) To require a church to obtain a license is establishment of religion (there are plenty of precedents from colonial law before the First Amendment, when Great Awakening preachers were arrested for preaching without a license).

2) To prohibit a minister (or priest) from conducting divine service, or a church from meeting for divine service, because they lack a government license, is a prohibition on the free exercise of religion.

There is precedent from the 19th century of churches being limited by law to the amount of property a local church may own -- just enough for a house of worship, not enough to be a cover for a business, or a dominant force in the community in any economic or secular sense.

The federal government does not tax church property. Arguably, voluntary donations are not income, and therefore not subject to tax at all. Local governments might impose a property tax, there is no constitutional guarantee that church property must be tax-exempt, but that again is a local matter, not a federal matter.

That said, the next time a bishop of any church threatens a church member with excommunication over the manner in which they exercise a secret ballot, or conduct a public office with which the voters have entrusted them, that bishop should be prosecuted in the same manner as anyone else who exercises blackmail or coercion upon any other voter or public official. If our government allocated seats in congress to members of each church, then each church could issue instructions to its representatives, and replace them at will. But our government doesn&#039;t work like that. Elected representatives represent their district, not their church.]]></description>
		<content:encoded><![CDATA[<p>Obviously a speculative satire. Also highly unlikely. It does remind me of the attempt by the City of Berkeley (CA) some years ago to tax churches. Well, originally the city council passed a law requiring non-profits to obtain a license, like businesses. The logic was, there are so many non-profits, and relatively few commercial businesses, using city services, we have to do this as a revenue measure. Some eager young man in the revenue department had the bright idea one day, hey, the churches are nonprofits, they should be required to pay the license fee also. A rather pedantic professor at Hastings Law School pontificated that if the law is of general application, it would be unconstitutional not to apply it to churches. The city council basically ducked the whole question by ordering the revenue department to leave the churches alone, obviously on grounds of political expediency.</p>
<p>IF the matter had gone to court, I believe the application of such a law to churches should have been thrown out, on the ground that:</p>
<p>1) To require a church to obtain a license is establishment of religion (there are plenty of precedents from colonial law before the First Amendment, when Great Awakening preachers were arrested for preaching without a license).</p>
<p>2) To prohibit a minister (or priest) from conducting divine service, or a church from meeting for divine service, because they lack a government license, is a prohibition on the free exercise of religion.</p>
<p>There is precedent from the 19th century of churches being limited by law to the amount of property a local church may own &#8212; just enough for a house of worship, not enough to be a cover for a business, or a dominant force in the community in any economic or secular sense.</p>
<p>The federal government does not tax church property. Arguably, voluntary donations are not income, and therefore not subject to tax at all. Local governments might impose a property tax, there is no constitutional guarantee that church property must be tax-exempt, but that again is a local matter, not a federal matter.</p>
<p>That said, the next time a bishop of any church threatens a church member with excommunication over the manner in which they exercise a secret ballot, or conduct a public office with which the voters have entrusted them, that bishop should be prosecuted in the same manner as anyone else who exercises blackmail or coercion upon any other voter or public official. If our government allocated seats in congress to members of each church, then each church could issue instructions to its representatives, and replace them at will. But our government doesn&#8217;t work like that. Elected representatives represent their district, not their church.</p>
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		<title>By: USMC Rev</title>
		<link>http://gerardnadal.com/2009/12/22/changing-the-church/#comment-11</link>
		<dc:creator><![CDATA[USMC Rev]]></dc:creator>
		<pubDate>Tue, 22 Dec 2009 13:20:45 +0000</pubDate>
		<guid isPermaLink="false">http://gerardnadal.com/?p=283#comment-11</guid>
		<description><![CDATA[Hauntingly prescient and at the same time wickedly humorous. Watch out Church if we don&#039;t wake up soon the proverbial light at the end of the tunnel is a precursor to the  train wreck.]]></description>
		<content:encoded><![CDATA[<p>Hauntingly prescient and at the same time wickedly humorous. Watch out Church if we don&#8217;t wake up soon the proverbial light at the end of the tunnel is a precursor to the  train wreck.</p>
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