Americans United for Separation of Church and State

Last updated

Americans United for Separation of Church and State
FoundedJanuary 11, 1948;76 years ago (1948-01-11) [1]
Founders Charles Clayton Morrison,
Glenn L. Archer,
Edwin McNeill Poteat,
G. Bromley Oxnam,
Joseph Martin Dawson [2] [3]
53-0184647 [4]
Legal status 501(c)(3) nonprofit organization [4]
PurposeTo preserve the constitutional principle of church-state separation as the only way to ensure religious freedom for all Americans.
Headquarters1310 L Street NW, Suite 200,
Washington, D.C. 20005
Coordinates 38°54′13″N77°01′49″W / 38.9035°N 77.0304°W / 38.9035; -77.0304
Area served
United States
MethodLitigation, education
Members
Over 75,000 [5]
Rachel Laser [6]
Chris Colburn [7]
Revenue (2015)
$7,142,780 [4]
Expenses (2015)$6,223,371 [4]
Employees (2014)
32 [4]
Volunteers (2014)
15 [4]
Website www.au.org
Formerly called
Protestants and Other Americans United for Separation of Church and State [8]

Americans United for Separation of Church and State (Americans United or AU for short) is a 501(c)(3) nonprofit organization that advocates for the disassociation of religion and religious organizations from government. The separation of church and state in the United States is sometimes interpreted to be provided in the Establishment Clause of the First Amendment to the United States Constitution, which states "Congress shall make no law respecting an establishment of religion..."

Contents

Organization

Americans United describes itself as officially non-sectarian and non-partisan. According to The Praeger Handbook of Religion and Education in the United States "It includes members from a broad religious, and non-religious, spectrum, including Christians, Jews, Muslims, Buddhists, Hindus, and atheists." Its national headquarters are in Washington, D.C. Its former executive director, Barry W. Lynn, is an ordained minister in the United Church of Christ, [9] as well as an attorney involved with civil liberties issues.

History

Americans United for Separation of Church and State was founded on January 11, 1948, [1] as Protestants and Other Americans United for Separation of Church and State (POAU) by a coalition of religious, educational and civic leaders. It was made in response to proposals pending in the U.S. Congress to extend government aid to private religious schools, particularly Catholic parochial schools, which was at the time, and continues to be, the largest system of private schools in the United States. [8] They believed that government support for religious education would violate church-state separation and force taxpayers to subsidize sectarian education. The decision was made to form a national organization to promote and defend this point of view. It successfully protested against the appointment of a U.S. Ambassador to the Vatican. They denounced the Catholic Church for disdaining democracy in the U.S. and worldwide. [10]

Officially incorporated on January 29, 1948, [11] the organization aimed to influence political leaders, and began publishing Church & State magazine in 1952 and other materials in support of church-state separation to educate the general public. [12]

Its original founding members were Charles Clayton Morrison, Glenn L. Archer, [2] Edwin McNeill Poteat, G. Bromley Oxnam, and Joseph Martin Dawson. [3]

Notable work

Americans United was one of three national organizations that opposed the teaching of intelligent design in Dover, Pennsylvania, public schools. A federal judge struck down the policy in December 2005 (see Kitzmiller v. Dover ). AU supports the right for gays and lesbians to marry, and opposes laws that would permit government officials, such as county clerks, from invoking religious freedom when refusing to issue such marriage licenses. AU started a "Protect Thy Neighbor" project to oppose such conscience legislation. [13]

Americans United represented residents of Greece, New York, who opposed that town's practice of opening its council meetings with mostly Christian prayers. AU lost the case, Town of Greece v. Galloway , when the U.S. Supreme Court held that legislative prayers do not violate the Establishment Clause of the First Amendment. After the decision was issued, Americans United launched Operation Inclusion to advocate for making prayers "inclusive". [14]

Americans United has worked to uphold the federal law that bars non-profit groups, including houses of worship, from intervening in partisan politics. In 1992, the group reported a New York church, the Church at Pierce Creek, to the Internal Revenue Service (IRS) after the church ran newspaper ads telling people not to vote for Bill Clinton. The IRS subsequently stripped the church of its 501(c)(3) determination letter. After the church filed suit in federal court to get the determination letter back, the court noted, "because of the unique treatment churches receive under the Internal Revenue Code, the impact of the revocation is likely to be more symbolic than substantial.... Contributions will remain tax deductible as long as the donors are able to establish that the Church meets the requirements of section 501(c)(3)." [15] Churches do not need a tax-exempt determination letter to receive all of the benefits of tax-exempt status. [16]

In May 2013, Americans United released a parody video starring Jane Lynch and Jordan Peele as "Church" and "State", respectively, undergoing a humorous musical breakup. [17]

Reception by religious community

In its first years, a main focus of AU's activity was opposition to the political activities of the Roman Catholic Church and was thus seen by critics as a Protestant-based anti-Catholic organization. [18] AU's executive director for 25 years, Barry W. Lynn, is a critic of religious fundamentalism on the Christian right [19] and described himself as a member of the Christian left. [20]

Professor Daniel Dreisbach argues:

In the mid-20th century, the rhetoric of separation was revived and ultimately constitutionalized by anti-Catholic elites, such as...Protestants and other Americans United for the Separation of Church and State...who feared the influence and wealth of the Catholic Church and perceived parochial education as a threat to public schools and democratic values. [21]

The Catholic lay apostolate Church Militant classifies AU as a "hate group" based on the claim that AU advances "the hateful policies based on wrong interpretations of the relationship between Church and State." [22]

See also

Related Research Articles

The Christian right, or the religious right, are Christian political factions which are characterized by their strong support of socially conservative and traditionalist policies. Christian conservatives seek to influence politics and public policy with their interpretation of the teachings of Christianity.

<span class="mw-page-title-main">Christian Coalition of America</span> Christian organization

The Christian Coalition of America (CCA), a 501(c)(4) organization, is the successor to the original Christian Coalition created in 1987 by religious broadcaster and former presidential candidate Marion Gordon "Pat" Robertson. This US Christian advocacy group includes members of various Christian denominations, including Baptists (50%), mainline Protestants (25%), Roman Catholics (16%), and Pentecostals among communicants of other churches.

<span class="mw-page-title-main">Freedom From Religion Foundation</span> American nonprofit organization

The Freedom From Religion Foundation (FFRF) is an American nonprofit organization that advocates for atheists, agnostics, and nontheists. Formed in 1976, FFRF promotes the separation of church and state, and challenges the legitimacy of many federal and state programs that are faith-based. It supports groups such as nonreligious students and clergy who want to leave their faith.

<span class="mw-page-title-main">Secularism in France</span> Separation of church and state in France

Laïcité is the constitutional principle of secularism in France. Article 1 of the French Constitution is commonly interpreted as the separation of civil society and religious society. It discourages religious involvement in government affairs, especially in the determination of state policies as well as the recognition of a state religion. It also forbids government involvement in religious affairs, and especially prohibits government influence in the determination of religion, such that it includes a right to the free exercise of religion.

"Separation of church and state" is a metaphor paraphrased from Thomas Jefferson and used by others in discussions regarding the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution which reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

United States non-profit laws relate to taxation, the special problems of an organization which does not have profit as its primary motivation, and prevention of charitable fraud. Some non-profit organizations can broadly be described as "charities" — like the American Red Cross. Some are strictly for the private benefit of the members — like country clubs, or condominium associations. Others fall somewhere in between — like labor unions, chambers of commerce, or cooperative electric companies. Each presents unique legal issues.

<span class="mw-page-title-main">Religious organization</span> Organization that supports the practice of a religion

Religious activities generally need some infrastructure to be conducted. For this reason, there generally exist religion-supporting organizations, which are some form of organization that manages:

The Alliance Defending Freedom (ADF), formerly the Alliance Defense Fund, is an American conservative Christian legal advocacy group that works to protect religious liberty, expand Christian practices within public schools and in government, outlaw abortion, and curtail LGBTQ rights. In 2014, ADF literature described part of its mission as "[seeking] to recover the robust Christendomic theology of the 3rd, 4th, and 5th centuries." ADF is headquartered in Scottsdale, Arizona, with branch offices in several locations including Washington, D.C., and New York. Its international subsidiary, Alliance Defending Freedom International, with headquarters in Vienna, Austria, operates in over 100 countries.

A 501(c) organization is a nonprofit organization in the federal law of the United States according to Internal Revenue Code and is one of over 29 types of nonprofit organizations exempt from some federal income taxes. Sections 503 through 505 set out the requirements for obtaining such exemptions. Many states refer to Section 501(c) for definitions of organizations exempt from state taxation as well. 501(c) organizations can receive unlimited contributions from individuals, corporations, and unions.

<span class="mw-page-title-main">Free church</span> Christian denomination independent of the state

A free church is any Christian denomination that is intrinsically separate from government. A free church neither defines government policy, nor accept church theology or policy definitions from the government. A free church also does not seek or receive government endorsements or funding to carry out its work. The term is only relevant in countries with established state churches. Notwithstanding that the description "free" has no inherent doctrinal or polity overtones. An individual belonging to a free church is known as a free churchperson or, historically, free churchman.

A church tax is a tax collected by the state from members of some religious denominations to provide financial support of churches, such as the salaries of its clergy and to pay the operating cost of the church. Not all countries have such a tax. In some countries that do, people who are not members of a religious community are exempt from the tax; in others it is always levied, with the payer often entitled to choose who receives it, typically the state or an activity of social interest.

<span class="mw-page-title-main">Church of Spiritual Technology</span> Scientology organization

The Church of Spiritual Technology (CST) is a California 501(c)(3) non-profit corporation, incorporated in 1982, which owns all the copyrights of the estate of L. Ron Hubbard and licenses their use. CST does business as L. Ron Hubbard Library. The Church of Spiritual Technology points to Hubbard as the “focal point,” with the structure designed to realize what Scientologists understand to be his vision. The stated purpose of the archive in CST, according to the church is “so that future generations will have available to them all of L. Ron Hubbard’s technology in its exact and original form, no matter what happens to the society.”

A 501(c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the US.

A religious corporation is a type of religious non-profit organization, which has been incorporated under the law. Often these types of corporations are recognized under the law on a subnational level, for instance by a state or province government. The government agency responsible for regulating such corporations is usually the official holder of records, for instance, the Secretary of State. In the United States, religious corporations are formed like all other nonprofit corporations by filing articles of incorporation with the state. Religious corporation articles need to have the standard tax-exempt language the IRS requires. Religious corporations are permitted to designate a person to act in the capacity of corporation sole. This is a person who acts as the official holder of the title on the property, etc.

<span class="mw-page-title-main">Scientology status by country</span> Legal status of Scientology

Recognition of Scientology and the Church of Scientology varies from country to country with respect to state recognition for religious status, charitable status, or tax exempt status. Decisions are contingent upon the legal constructs of each individual country, and results are not uniform worldwide. For example, the absence of a clear definition for 'religion' or 'religious worship' has resulted in unresolved and uncertain status for Scientology in some countries.

<span class="mw-page-title-main">Form 990</span> United States Internal Revenue Service form

Form 990 is a United States Internal Revenue Service (IRS) form that provides the public with information about a nonprofit organization. It is also used by government agencies to prevent organizations from abusing their tax-exempt status. Some nonprofits, such as hospitals and other healthcare organizations, have more comprehensive reporting requirements.

Nonpartisanism in the United States is organized under United States Internal Revenue Code that qualifies certain non-profit organizations for tax-exempt status because they refrain from engaging in certain political activities prohibited for them. The designation "nonpartisan" usually reflects a claim made by organizations about themselves, or by commentators, and not an official category per American law. Rather, certain types of nonprofit organizations are under varying requirements to refrain from election-related political activities, or may be taxed to the extent they engage in electoral politics, so the word affirms a legal requirement. In this context, "nonpartisan" means that the organization, by US tax law, is prohibited from supporting or opposing political candidates, parties, and in some cases other votes like propositions, directly or indirectly, but does not mean that the organization cannot take positions on political issues.

The Johnson Amendment is a provision in the U.S. tax code, since 1954, that prohibits all 501(c)(3) non-profit organizations from endorsing or opposing political candidates. Section 501(c)(3) organizations are the most common type of nonprofit organization in the United States, ranging from charitable foundations to universities and churches. The amendment is named for then-Senator Lyndon B. Johnson of Texas, who introduced it in a preliminary draft of the law in July 1954.

Form 1023 is a United States IRS tax form, also known as the Application for Recognition of Exemption Under 501(c)(3) of the Internal Revenue Code. It is filed by nonprofits to get exemption status. On January 31, 2020, the IRS abandoned the paper format of the form 1023. Those who used the paper version were given 90 days grace period and that ended on April 30, 2020. Going forward, every application has to be filed online through Pay.gov portal.

<span class="mw-page-title-main">Pulpit Freedom Sunday</span>

In the United States of America, Pulpit Freedom Sunday is an annual event which is held in churches. It was founded in 2008 by Alliance Defending Freedom (ADF) to challenge the prohibition on places of worship from endorsing political candidates. According to The New York Times, ADF's campaign has become "perhaps its most aggressive effort."

References

  1. 1 2 "New Protestant Group Seeks Taylor Recall From Vatican". The Baltimore Sun. January 12, 1948. p. 1.
  2. 1 2 "Biography: Americans United for Separation of Church and State". Princeton. Archived from the original on March 8, 2015. Retrieved June 15, 2015.
  3. 1 2 Embattled Wall: Americans United, an Idea and a Man. Protestants and Other Americans United for Separation of Church and State. 1966. p. 27.
  4. 1 2 3 4 5 6 "Form 990: Return of Organization Exempt from Income Tax". Americans United for Separation of Church and State. Guidestar. September 30, 2015.
  5. "About | Americans United". Au.org. Archived from the original on April 25, 2017. Retrieved May 4, 2017.
  6. "". Americans United for Separation of Church and State. Retrieved January 28, 2023.
  7. "Our Staff Archived January 25, 2018, at the Wayback Machine ". Americans United for Separation of Church and State. Retrieved August 4, 2017.
  8. 1 2 "Americans United for Separation of Church and State Records (MC185): Americans United for Separation of Church and State Records". Diglib.princeton.edu. Archived from the original on June 11, 2011. Retrieved August 8, 2015.
  9. "About | Americans United". Au.org. Archived from the original on November 30, 2016. Retrieved May 4, 2017.
  10. Elesha J. Coffman (2013). The Christian Century and the Rise of the Protestant Mainline. Oxford UP. p. 149. ISBN   9780199938605.
  11. "Americans United for Separation of Church and State". Department of Consumer and Regulatory Affairs. Government of the District of Columbia. Retrieved August 4, 2017.
  12. OCLC   752009655 , 235992965; ISSN   0009-6334
  13. "Protect Thy Neighbor". Protect Thy Neighbor. April 25, 2017. Retrieved May 4, 2017.
  14. "Operation Inclusion | Americans United". Au.org. Archived from the original on April 24, 2021. Retrieved May 4, 2017.
  15. "Branch Ministries and Dan Little, Pastor, Appellants v. Charles O. Rossotti, Commissioner, Internal Revenue Service, Appellee, 211 F.3d 137 (D.C. Cir. 2000)". Justia Law. Retrieved May 5, 2020.
  16. "Churches, Integrated Auxiliaries, and Conventions or Associations of Churches | Internal Revenue Service". www.irs.gov. Retrieved May 5, 2020.
  17. Jane Lynch and Jordan Peele's Epic Church-State Breakup!. YouTube. May 30, 2013. Archived from the original on December 12, 2021. Retrieved August 8, 2015.
  18. "The Wall of Separation", Time, February 7, 1949, archived from the original on January 31, 2011
  19. Chumley, Cheryl (June 13, 2014). "Rep. Louie Gohmert challenges the Rev. Barry Lynn on Christian beliefs". The Washington Times. Retrieved April 11, 2015.
  20. Clarkson, Frederick (2008). Dispatches from the Religious Left: The Future of Faith and Politics in America. Ig Publishing. ISBN   978-0978843182. Archived from the original on April 24, 2021. Retrieved April 11, 2015.
  21. Daniel L. Dreisbach, "The Meaning of the Separation of Church and State" in Derek H. Davis, ed. (2017). The Oxford Handbook of Church and State in the United States. Oxford University Press. p. 219. ISBN   9780195326246.
  22. "List of Hate Groups".