religious favoritism?

[Eugene Volokh]

        I share David Cruz's concern; HR 2357, reproduced, below, does seem to
provide a preference for religious speakers, and a very significant one at
that.  How can this be constitutional, given Texas Monthly v. Bullock?  Or
is the claim that preference for religious *speakers* is OK even when a
preference for religious *speech* (as in TM v. Bullock) is not?

        Eugene


HR 2357:

To amend the Internal Revenue Code of 1986 to permit churches and other
houses of worship to engage
in political campaigns.

              Be it enacted by the Senate and House of Representatives of
the United States of America in
              Congress assembled,

SECTION 1. SHORT TITLE.

              This Act may be cited as the `Houses of Worship Political
Speech Protection Act'.

SEC. 2. HOUSES OF WORSHIP PERMITTED TO ENGAGE IN POLITICAL
CAMPAIGNS, ETC.

              (a) IN GENERAL- Paragraph (3) of section 501(c) of the
Internal Revenue Code of 1986 is
              amended--

                           (1) by striking `and which does not' and
inserting `except in the case of an organization
                           described in section 508(c)(1)(A) (relating to
churches), which does not', and

                           (2) by inserting before the period `and, in the
case of an organization described in section
                           508(c)(1)(A), no substantial part of the
activities of which is participating in, or intervening in
                           (including the publishing or distributing of
statements), any political campaign on behalf of (or
                           in opposition to) any candidate for public
office'.

              (b) EFFECTIVE DATE- The amendments made by this section shall
apply to expenditures made
              after the date of the enactment of this Act.

> -----Original Message-----
> From: David Cruz [mailto:dcruz at LAW.USC.EDU]
> Sent: Wednesday, November 21, 2001 1:22 PM
> To: RELIGIONLAW at listserv.ucla.edu
> Subject: religious favoritism?
>
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