State Favors Result in State Control of the ChurchWritten by Peter Kershaw © 2001
Persecution of Christians around world is at an historic and all-time high. While there is great cause for concern for their plight, one thing we can be quite confident of is that Christian religion will live on. Christianity has outlived every tyrannical regime, stretching from Roman Empire, to Soviet Union. It will also outlive murderous Islamic regime of Sudan, and totalitarian Communist tyranny of China.History has repeatedly shown that brutally attacking Christian, whether through imprisonment, torture, or execution, has never served to undermine faith. Persecution only serves to strengthen Christian faith. Every time in history, and in every culture, when Christianity has been assailed, faith of its victims is bolstered, and gospel then spreads like a wild fire. A contemporary example of this is China, where perhaps greatest expansion of gospel in history is taking place, under constant harassment of a brutal Communist regime. Modern enemies of church are not altogether ignorant of this phenomena, and at least some have recognized that much more effective means are available for curtailing expansion of Christ's kingdom. In his seminal treatise on political doctrine of separation of government powers, The Spirit Of Laws (1748), Montesquieu notes: "Therefore, one does not succeed in detaching soul from religion by filling it with this great object, by bringing it closer to moment when it should find religion of greater importance. A more certain way to attack religion is by favor, by comforts of life, by hope of wealth; not by what reminds one of it, but by what makes one forget it; not by what makes one indignant, but by what makes men lukewarm, when other passions act on our souls, and those which religion inspires are silent. In matter of changing religion, State favors are stronger than penalties." This is precisely formula that has been followed by our own government, in recent years, as it grows ever more hostile toward Christian values. Rather than attack Christianity through various "penalties", modern method is to render church "lukewarm" by doling out "State favors." The most prominent of "favors" today is tax-exempt license. But in reality, granting of a tax exemption to church is a monumental con job.
| | Reforming the State-Church: Solutions For the Church Inc. 501c3 ProblemWritten by Peter Kershaw © 2000
More and more people are becoming acquainted with at least some of perils associated with organizing a church or ministry as a "tax-exempt religious organization." Not least of these perils is obvious answer to question asked by Attorney Charles Crismier, "Have we become so dependent on government and its perks that we have been seduced from God and His power?" (Lifegate 4/2000, p. 5). Most typically, this is done by incorporating and receiving an IRS 501c3 tax-exempt recognition letter. In Virginia, incorporation for churches has never been permitted, as state constitution expressly prohibits it. Nevertheless, most churches in Virginia are still subordinated to State, rather than Jesus Christ, because of manner in which they have elected to be "legally" organized and established.Other writers have also exposed certain problems, both legally and theologically, associated with organizing a church as a corporation and/or a 501c3. Understanding that these are indeed perilous decisions for churches is important. But is it always helpful? Not unless one is able to act on information provided. As old adage goes, "Knowing problem is half solution." But as this author is only too keenly aware (having heard it from so many pastors and ministers), "It does no good to talk about problems, if you don't have a remedy for them." Agreed. Is it viable and is it doable to organize a church as nothing more, and nothing less than, a church ? The answer is: Yes! Absolutely! History shows us. Most of America's churches were once called "free-churches," and they were established by common right of those Christian men who organized them, under exclusive headship and sovereignty of Jesus Christ, autonomous from State. The fact is that prior to turn of twentieth century, vast majority of churches were not able to organize as corporations. Unlike today, where we can easily apply for "articles of incorporation" with our secretary of state's office, a hundred years ago, one had to petition their state legislature for a corporate charter. Although most states never went as far as Virginia in amending their state constitutions to prohibit incorporation of churches, nevertheless, all state legislatures recognized that incorporation of any church was a violation of First Amendment's prohibition of State establishment of religion. Therefore, grant of corporate charters to churches was once quite rare. That all began to change in 1898 with "liberalization of incorporation law" in New Jersey. Other northeastern states soon thereafter also "liberalized." It's important to recognize that incorporation for churches in America is of relatively recent origin (although corporation itself is quite ancient, originating in Rome by at least 250 B.C.). It's also important to recognize that an incorporated church is a State-Church. Our forefathers recognized it. The Virginia legislature recognized it in 1802 when they amended their Constitution. President James Madison recognized it in 1811 when he vetoed a bill to incorporate Protestant Episcopal Church. Tragically, many Christians today are gravely ignorant of not only God's Word, they know little of law or history. As philosopher, George Santayana put it, "He who learns nothing from past is condemned to repeat it." While many who will read this know that America's settlers came to her shores to establish religious liberty, what many today fail to recognize is that religious liberty necessitates establishing churches separate and apart from license and sanction of civil government. More than any other element of society, it was America's colonial clergy who were responsible for leading cause of independency, and this because of king's attempted imposition of licenses to preach and publish tenants of Christian faith. Yet today, State routinely licenses churches. It would be fallacious to blame State, asserting fraud or State coercion. Rather, it is clergy which has voluntarily sought State permission to be that which is already lawful. They unwittingly organize that which our forefathers abominated, government licensed State-Churches. Of even more recent origin is 501c3 status for churches. Churches did not all of a sudden become tax-exempt and tax deductible in 1954 when they were at that time granted that "privilege" by Congress, and added to IRC section 501c3. The fact is that churches have always been treated as non-taxable (a vastly superior status to tax-exempt) and tax-deductible, by virtue of a centuries-old portion of English Common Law known as "the Law of Charities." The 501c3 is merely a reflection (or an admission) of Law of Charities. The obvious question then is: Why do churches seek permission from IRS for a status that even IRS acknowledges they already have? It's certainly not due to malicious intent on part of clergy. Clearly, it is rooted in ignorance. Ignorance (particularly of law) makes them easy prey for Caesar's emissaries --the so-called "licensed professionals," who have created a multi-billion dollar government compliance industry, with church as a lucrative clientele.
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