 October 2004
American Friends Service Committee Peacework Magazine Sara Burke, Managing Editor Sam Diener, Editor Pat Farren, Founding Editor 2161 Massachusetts Ave. Telephone number: Fax number:
pwork@igc.org Peacework has been published monthly since 1972, intended to serve as a source of dependable information to those who strive for peace and justice and are committed to furthering the nonviolent social change necessary to achieve them. Rooted in Quaker values and informed by AFSC experience and initiatives, Peacework offers a forum for organizers, fostering coalition-building and teaching the methods and strategies that work in the global and local community. Peacework seeks to serve as an incubator for social transformation, introducing a younger generation to a deeper analysis of problems and issues, reminding and re-inspiring long-term activists, encouraging the generations to listen to each other, and creating space for the voices of the disenfranchised. Views expressed are those of the authors, not necessarily of the AFSC. |
Judge Delivers Mixed Ruling in Thomas Jeavons is General Secretary of Philadelphia Yearly Meeting. Reprinted from the Peace Tax Fund Update, Issue 2, 2004. In July of last year, the US Justice Department brought suit against Philadelphia Yearly Meeting (PYM) of the Religious Society of Friends to force the Quaker organization to act as a collection agent against one of PYM's own members. At issue were the back taxes of a member and employee who, as a matter of deeply held religious convictions, refuses to pay taxes that support war and preparations for war. Recently Judge Stewart Dalzell of the United States District Court for Eastern Pennsylvania ruled in the case of the United States of America v Philadelphia Yearly Meeting. He offered a mixed decision. On the one hand, Judge Dalzell found against PYM in determining that we must honor the levy on Priscilla Adams's wages and pay over to the IRS the amount they seek. On the other hand, he found in favor of PYM in determining that as Quakers we were not unreasonable -- as the IRS had claimed -- to stand on religious principles and to contest the appropriateness of the levy as a means of collection in these circumstances. The judge thus ruled that the 50% penalty the IRS sought to impose on PYM for refusing to honor the levy is unwarranted and disallowed. From the beginning this case has been at least as much about religious freedom and freedom of conscience as it has been about taxes. As an historic peace church well known for our longstanding, principled opposition to war and violence, Quakers have sought to develop and refine nonviolent means of conflict resolution, and we have helped others to do so as well. Some members have long felt that, in addition to refusing to participate in the military, they must also refuse to support the military financially. As a Quaker organization, PYM has a carefully crafted policy in regard to the withholding and payment of taxes for and by its employees. We attempt to honor the responsible demands of citizenship and also to support our employees who cannot in good conscience pay taxes for war. In one of the most important points in this ruling, Judge Dalzell affirms that the Religious Freedom Restoration Act (RFRA) is applicable in this case -- as we have long argued -- even though the government claims otherwise. The ruling states that: "The Yearly Meeting has established that the IRS's conduct substantially pressured it to abandon core Quaker beliefs," and, therefore, "The burden shifts to the Government to show that enforcement of the levy furthers a compelling interest [of the state] by the least restrictive means." Judge Dalzell concludes that he "agrees with Yearly Meeting that the levy substantially burdens its exercise of religion." Despite this, he ruled that in this case PYM must honor the levy and pay over the amount in question. We believe this is an unfortunate ruling that fails to give full and proper weight to the RFRA -- legislation designed to ensure the religious freedom guaranteed to both individuals and churches under the Constitution. We continue to believe that the government can certainly find "less restrictive means" to collect the taxes it is owed. Forcing an established church to violate its fundamental historic principles for the convenience of the government cannot be acceptable. As it stands, this ruling says that the value of religious freedom -- an essential social and moral value of our society -- is less important than the government's desire to have the easiest means of collecting back taxes. At the meeting of our governing body on June 24, PYM agreed to pay the funds ordered by the court. However, we were also clear that we will continue to stand for religious freedom -- not only for ourselves but for all people -- and that we will continue to support our members who feel called to take stands of conscience in witness to their faith. 
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