The Alliance Defense Fund, of Scottsdale, Ariz., hopes that at least one sermon will prod the Internal Revenue Service to take action, sparking a court fight over a law that bars nonprofits from partisan political activity. Alliance and several ministers taking part in the protest insist that the law is unconstitutional and believe they would prevail in a court battle.
"As a pastor, I have the right to speak biblical truth without being punished for it," said the Rev. Jody Hice, pastor of Bethlehem First Baptist Church in Bethlehem, Ga., who says he will tell his congregation he backs Sen. John McCain for president. "The IRS does not have the role of censoring speech from the pulpit."
Some experts say the churches are misguided, and their nonprofit status can be lawfully regulated. "Congress has created a provision" to exempt churches from taxes, "and that provision has restrictions," says Donald Tobin, associate law-school dean at Ohio State University and a former Justice Department attorney. Churches "are obligated to follow them if they want the benefit."
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