Official promotes pro-life position from pulpit

By Mary Garrigan, Journal Staff Writer | Monday, July 17, 2006

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The Republican leader in the South Dakota House of Representatives will be among the singers and speakers at a Proclaiming Life and Liberty rally sponsored by several churches July 23 in Newell.

Rep. Larry Rhoden, a rancher and custom welder from Union Center, speaks at pro-life events in his capacity as a lawmaker, giving a history of legislative action on abortion bills. He also speaks as an evangelical Christian and abortion foe.

But Rhoden said he does not speak as a political candidate.

Rhoden is running unopposed for re-election this November. His participation in the Proclaiming Life and Liberty rallies, which includes singing with the Circuit Riders Quartet, in no way constitutes political campaigning, he said.

"The short answer is no," Rhoden said, when asked if his status as political candidate posed any threats to the tax-exempt status as a 501(c)(3) organization with the Internal Revenue Service of his church or any other church that might host him. "I don't think there's any conflict."

Robert Regier of the South Dakota Family Policy Council said the issue of candidates for political office giving their religious testimony in churches is one that comes up often in an election year.

If Rhoden is invited by a church to speak as a legislator or to give his personal testimony as a Christian, there is no violation of federal tax law, Regier said.

"It's fine, but the minute they say in the church: 'Here's Larry Rhoden. He's running for office, vote for him;' they'd have to provide an opportunity for his opponent, too," he said. "The IRS looks for certain trigger words."

No opponents of HB1215 have complained to Rhoden about the intersection of his Christian faith and his re-election, which is a foregone conclusion this November.

"No one's tried to make political hay of it, but even if someone did, I don't think there's any validity to it," he said. "I'd take great issue with the IRS or anybody else who tells me that a church can't address the issue of abortion."

Steve Hildebrand, a pro-choice political consultant who opposes HB1215, said all nonprofit organizations, including churches, must be careful about their roles in politics and campaigns. That is especially true this year, when watchdogs on both ends of the political spectrum are paying close attention to violations by their opponents.

"We have our eyes wide open. All of us are paying very close attention, and our opponents are watching very carefully, too," he said.

Hildebrand said pastors are free to tell their congregations what their church's position is on abortion, but they might be in violation of IRS rules if they use church funds to tell people how to vote on the referendum.

"If they say, 'Vote for HB1215 or vote against HB1215,' that is questionable," he said.

Federal law is clear about candidates in churches but less clear about political advocacy of issues in churches.

According to the IRS, charities, including churches, are not allowed to "participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office."

But churches and other charitable organizations may take positions on public policy issues, including issues that divide candidates in an election for public office, such as HB1215 does. However, those organizations must avoid any issue advocacy that functions as political campaign intervention among candidates.

When issues such as HB1215 are used in churches to distinguish between candidates for a given office, that could potentially be a violation of IRS law. Even if a statement does not expressly tell an audience to vote for or against a specific candidate, an organization delivering the statement is at risk of violating the political campaign intervention prohibition if there is any message favoring or opposing a candidate, according to an IRS news release.

In Rhoden's case, the question appears to be moot, since he is one of two pro-life Republican candidates running for two seats in District 29.

"They're pretty safe, because he doesn't have an opponent," Regier said.

Contact Mary Garrigan at 394-8410 or mary.garrigan@rapidcityjournal.com