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Church Regulation in California

The first part of the First Amendment of the Constitution of the United States reads

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

Everyone always jumps to the second and third and fourth part of this amendment  and screams about freedom of speech or the freedom of the press.  However, the reason the original people came to America was to get away from religious persecution.  Therefore, the first protection against the government (which is what the amendments are), is about freedom of religion.

In California there is a move, ever since 2010 the reduced the number of churches.  Actually, they don’t care if two people meet in a home and call it a church, they want to remove the large church meeting buildings.  This is because church buildings do not pay property or use tax.  Many churches in California, especially in the San Francisco Bay Area, have been in their current location for a century or more.  They were built when people came to church on horses or walked.  Now that California is running out of money because of their obvious corruption and cronyism, they want more taxes.

My church building, for example, sits among apartment buildings.  They would love to bulldoze my church building and build a multi-hundred apartment complex and rake in the property tax and use taxes.  I know this because the county planners have told me many times.

So over the years, in my case, the IRS has sent letters, made phone calls and sent people to inspect our building.  The Alameda County planning commission has sent people to intimidate and threaten me.  The county assessor has sent people twice to go through every room and to photograph every inch of our building, in and out.  Also, every year since 2010 I have received a tax bill stating that this building is a political organization and not a non-profit church.  Of course I have no recourse or defense again this, as the whole weight of the government stands behind their ruling.  So I have to waste my time and make calls and visit the county offices and waste more time, until they finally capitulate, around December, each year and reverse the charges.  But then they charge us over $500 in fees and late charges for the tax I do not owe.  This has been the annual dance since October 2010 when the IRS called, informing me they were disallowing our church charter.

Some have said that I am over reacting.  Maybe, but from 2005 to 2009 I did not have this problem with the county or the IRS.  Additionally a Lutheran church near me has already been shut down.  They had closed their doors and declare bankruptcy because the county declared them a food service company, not a church, because they had potlucks.  They were fined $150,000.  The Lutheran HQ shut them down, changed the name and reopened it as a Korean Lutheran church last month.

All of this unconstitutional because regulating churches out of existence is prohibiting the free exercise of religion at this location.  But they do not care and there is no defense against it.  May God have mercy on us all.

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