Is an IRS that Targets Religious Groups for Unjust Discrimination Unfit to Make HHS Mandate Decisions?

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Suppose you were an IRS agent.

  1. Suppose you had been tasked with singling out a group of religiously-based non-profit agencies for audits because they express their religious beliefs about controversial issues in public. They do this on issues that put them at loggerheads with the President of the United States.
  2. Suppose you had also been tasked with ordering those tax payers to cease expressing their religious beliefs about these issues or face the loss of their tax exempt status. 
  3. Suppose that you were also tasked with enforcing a government agency rule that gave you the power to arbitrarily fine the same tax exempt agencies you’d been selectively auditing because of their beliefs. Suppose these fines would put those agencies out of business.

What would you think you were supposed to do in this situation? 

Ashley McGuire of The Catholic Association CNA US Catholic News 5 23 12

Ashley McGuire, photo from  CNA

That is the question raised by Ashley McGuire. Ms McGuire is a senior fellow at the Catholic Association and editor of AltCatholicah, a Catholic women’s web magazine.

“The HHs mandate hinges on what constitutes a religious entity,” she told CNA in a May 10 interview. 

The IRS has “authority in determining what a religious entity is” for purposes of deciding while employers fall under the mandate’s requirements. 

The IRS has now publicly admitted that non-profit organizations have been audited and otherwise harassed by the agency based on whether or not their names indicated they might be opposed to gay marriage, be pro life, or otherwise traditionally Christian. Some of the groups that were subjected to this unfair governmental discrimination and harassment were: Christian Voices for Life, Family Talk Action, National Organization for Marriage and Samaritan’s Purse.

The IRS forced some of these groups to discloses lists of their donors, the contents of their publications and what prayers they said at events. 

Read more at CNA

“So the very enforcers at the IRS, whose own inspector general admits they systematically targeted conservative and religious groups, will now get to decide who is entitled to ladle soup into a bowl for a homeless person without violating his or her conscience,” McGuire wrote in the Weekly Standard.

In the midst of the scandal in which “religious values were indeed scrutinized by bureaucrats,” the IRS will “gain new authority to determine what constitutes religious activity and which religious employers are entitled to conscience rights,” she continued.

“If the case for repealing this unjust intrusion on the free exercise of religion was always strong, in recent weeks it’s gotten stronger still,” she added.

McGuire told CNA that the only way to ensure that the sort of political targeting that has occurred already by the IRS does not result in an infringement on religious freedoms via the contraception mandate is to either “completely repeal the mandate” or give a religious exemption to “anyone who asks for an exemption.”