Tax resistance in the “Peace Churches” →
Mennonites / Amish →
Jacob T. Friesen
This is the eighteenth in a series of posts about war tax resistance as it was reported in back issues of The Mennonite.
Today we hit 1971.
A dam seems to have burst in , and any reluctance The Mennonite had about covering war tax resistance washed away.
In the concern was front and center, and readers could not help but be confronted by a variety of opinions on the subject.
A letter from John S. Swarr insisted that Jesus “commands us, as His followers, to bring peace and reconciliation in a world of strife and violence by committing our lives to unconditional love for our fellowmen.
Such a discipleship manifests itself in a radically different life style than that of the rest of the world.”
He asked, in this regard, “Can we, as Christians, responsible for all our neighbors, continue to pay taxes for the means of destruction which are used against our distant (only in physical distance) brothers?
This responsibility is our own, not Caesar’s.”
Christian love shown to a brother will not manifest itself in bombs and napalm, paid for with our money and silently allowed to be used.
It will, rather, manifest itself in actions of love, help, and concern.
It may result in our refusal to pay war taxes or cooperate with the draft, but at any rate it will mean avoiding nationalism for “No man can serve two masters.”
(That edition also announced the resignation of the editor.
The announcement was carefully vague, but subsequent letters to the editor hinted that there was something of a rebellion afoot against the “anti-American propaganda… all politics and sociology” that had replaced anodyne bible studies in the magazine’s pages.
The resignation takes effect in .
We’ll see if it makes a difference in the coverage of war tax resistance.)
A hundred people met to discuss war tax resistance at Bethel College Mennonite Church in at a meeting sponsored by the Western District Conference (which had recently passed a resolution in support of war tax resistance) and the Commission on Home Ministries of the General Conference Mennonite Church.
Don Kaufman gave some thoughts about Christian obedience to state authority, and Bob Calvert from the secular “War Tax Resistance” group spoke about the upcoming “spring offensive” anti-war actions.
Here are some excerpts about other parts of the conference from the report on the workshop in The Mennonite:
A Quaker physician from Denver, Arthur Evans, spoke of his experiences with the Internal Revenue Service spanning more than twenty-five years.
During World War Ⅱ, Evans’ conscience stirred him to withhold part of his taxes.
He said, “The trouble we’re now at is because we as a nation tried to overcome evil with the same methods that we decried of Hitler.
The thought occurred to me was that if I were a Jew in Germany, would I have paid taxes to Hitler to pay for my own crematorium?
Am I not a Jew in the United States perhaps paying taxes to create my own crematorium right now?
This is the burning question in my mind.”
Evans was sent to jail for not turning over to IRS some records which pertained to his income taxes.
He felt that doing so “would have been the first step in a crime against humanity.”
He acted partly upon the principle established in the Nuremberg war crimes trials that individuals have to decide what laws of their nation are just and what laws are unjust.
“I maintain that as I tried to follow my conscience this was the only way I could grow and this is the only way human beings can grow — as they are willing to follow conscience.
You deny conscience here, you deny conscience there, you won’t grow in what it means to be a human being.”
While spending ninety days in jail for contempt, he received letters from over a hundred and fifty individuals whom he did not know who supported his actions.
“None of us knows how we strengthen the community by following our own conscience.
I felt a power from the prayers and the loving concern of people who saw me suffering in jail,” he said.
The group discussed methods of withholding or reducing their taxes, but wanted to go beyond simply voicing their beliefs about war.
Participants felt a need to establish a simpler life-style that was a fuller response to the causes of violence.
Discussion centered around setting up voluntary service-type group arrangements and channeling earnings through the church’s voluntary service program.
To strengthen their own witness, participants in the workshop drew up a statement which they all signed.
That statement read:
We the undersigned have agreed together to find ways to end our financial support of America’s military efforts.
We have come from various denominations, occupations, age groups, and parts of the country.
As seekers, we have participated in a Workshop on War Taxes, held at the Bethel College Mennonite Chuch, , sponsored by committees for the Western District and the General Conference Mennonite Church.
Together, our consciences were prodded.
We have heard Christ call us to be peacemakers.
We have examined together the biblical teachings on the matter of paying taxes for war.
We have looked at the historical witness and examples of Anabaptist founders, and men like Gandhi and Martin Luther King.
We have tried to take seriously Christ’s call to love our enemies as He loves all men.
We have seen our guilt in our past payment of blood-money and are now looking for ways to end this involvement.
More vitally, we are seeking ways to make our money serve real human needs.
We realize this may lead to many types of action.
We approve and support all open, conscientious efforts to end war through Christian stewardship.
Specific actions could include any or all of the following: refusal of federal income tax payment, refusal to pay that part which goes for military purposes, refusal of the telephone excise tax, written protest accompanying income-tax returns, witnessing to the consciences of officials and employers who collect and enforce the tax laws, and increasing charitable giving.
We encourage the creation of voluntary-service-style communities which practice a lower level of consumption and present a Christian alternative to the present materialistic and militaristic character of American life.
We plead with the congregations and conferences of which we are members to follow Christ, their consciences, and the needs of their brothers in responding to our concern.
As a witness to our deranged national priorities and how they might be straightened out, I and others will make a public donation during of the money we have withheld from war, and will give it to a local group working for real human needs.
I hope you can see your way to join us.
David Janzen, a pastor and a philosophy instructor at Eastern Mennonite College, wrote an article on the Vietnam War that he’d originally hoped to place in the New York Times.
Instead, The Mennonite picked it up for its edition.
Excerpt:
Our consciences are sorely troubled concerning our tax money, which continues to make this unjust war possible.
The time is ripe for action.
Enough is enough.
Let us not commit violence.
No destruction of property.
No aggression against human beings.
We want to honor our nation.
We can only do so by correcting our mistakes.
The vital point is tax money.
Let us invite a million sensitive Americans to take a stand for conscience’ sake.
Let us tell the government, that unless it starts serious negotiations that lead to peace by , we will withhold our income tax and pay it into a Tax Conscience Fund.
We must organize people with conscience scruples.
I would suggest that concerned groups in universities, churches, and other organizations start registering people for united action.
A federal organization could coordinate the program.
Conscientious individuals would commit themselves to pay their total income tax, or the approximately 80 percent of it that is spent for war, into a tax conscience fund.
The money could be paid into special accounts at local banks.
We would make it available for rehabilitation of the war areas as soon as the war has ended.
A letter to the editor dissented from the recent flood of pro-resistance articles and letters:
Personally, I do not believe that there is such a thing as a war tax in existence.
If there were it would have had to be declared as such by Congress, as they pass all taxes.
This has not been done.
All expenses are paid out of one treasury.
It may be true that there are some Congressmen and politicians who have said that a certain tax is necessary to pay for the war.
This was their excuse for voting for it or working for its passage.
But that does not make it a war tax.
Nor do I believe that there is any individual who with any degree of accuracy can tell us what percent of our taxes goes for war purposes.
Not all the money voted for the Pentagon goes for war… [For instance t]he Coast Guard spends much of its time in saving lives at sea, which has nothing to do with war…
…[I]f I believe war is wrong it becomes my obligation to do what I can to stop it.
My refusing to pay taxes does not stop it, for most people are still paying their tax.
If I disobey a law, especially publicly, I lose my influence over my non-Christian neighbor that I am supposedly trying to win to Christ.
The articles on the war tax workshop and Rensberger’s discussion of loyalty to God vs. country are especially thought-provoking.
Is there interest in having workshops on these subjects in many areas of the conference on the local level?
Would leaders be available from the war tax workshop, the conference, or seminary to help with such workshops where hundreds of lay people could discuss and think together about a united commitment that may make some impact on communities and government?
Another letter in the same issue reported on a silent vigil held before the offices of Bell Telephone Company in Newton Kansas on :
They came to turn over money which they had not been paying on their telephone bill to a community youth organization called Someplace.
They came as concerned Christians to tell others that they were not paying the federal tax portion of their telephone bill because the tax had been levied specifically for war purposes.
Approximately ninety persons accepted a hand-out sheet explaining the federal telephone tax and explaining why many Christians no longer pay that portion.
Seventy-eight dollars was given to Someplace and it is expected that as more Christians hear about this alternative, more money will be turned over to various community organizations.
There is a question of where to get more specific information on war taxes.
Jacob Friesen tells how he is withholding the excise tax on his telephone bill and writing a letter each month to the President with copies going also to his senator and congressional representative.
“I have chosen each month to vote ‘no’ on war.”
Probably, no other living person has spent as much time in Civilian Public Service as I have.
During that time, and since, I associated with many young men who struggled with their conscience.
I argued with some, but only with those who wanted to argue, and usually, it was with some who had conscientiously chosen either noncombatant or full military service.
I also knew quite intimately a few who struggled with an attempt at total separation from all war effort, including nonregistration.
This was at a time when the nation was solidly supporting World War Ⅱ.
Today, the Vietnam war is not popular and the climate for vigorous opposition is utterly different from what it was then.
I deeply respected the convictions of the absolutist then as I do now and have never cared to debate their point of view, even though it did not coincide with mine.
It does seem to me, however, that there has been growing confusion about the payment of taxes during wartime.
There is no doubt a sense in which nonpayment finds it place, in the continuum from all-out participation to suicidal protest.
Mrs. Franklin D. Roosevelt had some sympathetic appreciation for conscientious objectors.
While visiting one of the camps, she was reported to have remarked that short of living on a desert island, it was impossible to live without being involved in the war to some degree.
Because there is truth in this, it is most difficult to talk about a clearly right or a clearly wrong position.
However, if we believe the way of war is inherently wrong our conscience will push us as far away from participation as possible, consistent with other considerations, human and divine, that we cannot conscientiously ignore.
Just where does nonpayment of taxes belong on this continuum?
We need to distinguish between refusing to participate in war as an immoral act, on the one hand, and the moral compulsion to do what we can to stop an immoral war on the other.
Part of the confusion concerning nonpayment of taxes has to do with failure to distinguish clearly between these two somewhat different moral considerations.
Nonpayment of taxes is not getting much serious consideration from our traditional Mennonite nonresistant believer, because it does not relate with his views on participation as an immoral act.
The “give unto Caesar the things that are Caesar’s” edict of Jesus makes it difficult for him to see a clear immoral act in paying taxes, even though he knows that a large portion is needed for war purposes.
The case becomes clearer for the person whose conscience is also concerned with a moral compulsion to do something about stopping the war.
Today, many of us believe we need to be as much concerned about our moral obligation as citizens of our country to do what we can to stop our country’s immoral war as we are about participation in the immoral act of war.
Is payment of taxes an immoral act? We have already pointed out that, traditionally, Mennonites did not consider payment of taxes immoral, in part, at least, because of Jesus’ edict.
However, when taxes are labeled “war taxes” as the telephone excise tax is, many begin to have second thoughts.
When mustaches were popular among military men, Mennonites shunned mustaches.
Guilt by association becomes a real consideration.
What everyone ought to know is that these taxes all go into the same general treasury.
The “war tax” label on the telephone excise tax has significance only in that it helped ease it through Congress, and none, whatsoever, as to its use.
The use of tax money for war purposes is an entirely separate matter, and is determined by appropriations for this purpose by Congress.
So long as Congress appropriates what the Pentagon asks for with overwhelming majorities, nonpayment of taxes will have absolutely nothing to do with the amount of money available for war purposes.
But, unfortunately, it does have something to do with the availability of funds for less popular but terribly important poverty programs as well as health and education programs. Those who do not pay their taxes must realize that the net effect, if any, is not at all what they have in mind.
Is nonpayment effective politically? Many of those who do not pay taxes are probably more concerned about the political impact this might have, and hope it will help turn our country away from war.
Certainly, this would seem like much more solid ground.
The sheer drama of civil disobedience for the sake of conscience makes an impact that cannot be ignored.
Even though much of the reaction may be negative, this is not necessarily bad.
Jesus’ crucifixion was the result of negative reaction, too.
The point is, let us be clear about what we are doing and why we are doing it.
Apart from the attention-getting quality of nonpayment of taxes, the technique, however, is subject to serious questions.
It is essentially a pitch to the Bureau of Internal Revenue and to the telephone company, neither of which has anything to do with determining policy concerning Vietnam.
Witnessing to Internal Revenue about such matters is about as effective as writing a letter to a computer.
The telephone company has trouble enough giving good telephone service, without being harassed about something for which it has no responsibility and for which it has no competence.
We do all have a direct line to the White House and to Congress.
Here are the people who can do something about it.
If we believe, as literally millions of Americans are now believing, that our presence in Vietnam is a tragic mistake, these are the people to talk to.
I suspect Jesus was more of a tax economist than are some of His spokesmen when He got a bit vague about payment of taxes.
Departing editor Maynard Shelly, in the , reflected on the classic Anabaptist work Martyrs Mirror and on the urge to persecute those who don’t go along with institutions.
He concluded:
I dare you to turn to the Martyrs Mirror and read military service and war taxes where the old book says baptism.
All of a sudden, those words put down on paper in will be more up to date than the news in tomorrow morning’s newspaper.
Raymond Regier wrote a letter in response to Lehman’s article.
Some of his thoughts:
It is extremely difficult to live as we are used to living and not pay taxes, taxes which finance both warfare and many beneficial things.
But just because nonpayment is difficult, because it has not traditionally been done by Mennonites, does not say that the payment of taxes is not an integral part of the waging of modern war.
Modern warfare and especially Vietnamization require sophisticated technology and an enormous sum of money, perhaps even more than it needs drafted manpower.
Is a man any less responsible for the way his money is used than he is for the way his body is used?
The “give unto Caesar” quote, it seems to me, is tragically misused to give the appearance of avoiding complicity in our nation’s war making.
Can anyone seriously imagine that Jesus would be paying taxes to finance our Vietnam war or our nuclear deterrent?
Or that He would be earning enough to pay taxes at all?…
If one is interested in a direct line to the White House and Congress, wouldn’t an announcement by the letter writer that taxes have been withheld lend credibility to the intensity of his feelings and the seriousness with which he regards the matter?
The General Conference considered a statement on “The Way of Peace” at its meeting in Fresno that included a war tax resistance plank.
The version that appeared in the edition of The Mennonite was somewhat mangled, but I found a better version:
The levying of war taxes is another form of conscription which, along with the conscription of manpower, makes war possible.
We are accountable to God for the use of our financial resources and should protest the use of our taxes in the promotion and waging of war.
We stand by those who feel called to resist the payment of that portion of taxes being used for military purposes.
The Conference ratified the statement, with 73.4% of delegates voting in favor of it, though the war tax resistance plank, and another having to do with resistance to the Selective Service system, were the most controversial.
The statement updated previous statements on peace put out by the conference in and .
It was printed up in “a twenty-page illustrated booklet” and distributed to the various churches in the Conference.
The edition included a note about a creative form of tax resistance using a method I haven’t seen before:
In some ways, the government can be involved in redirecting taxes that are withheld in protest of military policies.
An Old Mennonite pastor preferred to use a portion of his taxes for relief work rather than to support the United States military.
His protest took on a positive, creative form.
He wrote two checks to pay his income tax.
One check covered that proportion of his tax dollar which supports government actions that he approves.
This he made out to the federal government.
The portion which would have gone to war was made out to the Mennonite Central Committee.
He sent both checks to the Internal Revenue Service with a letter explaining his actions and requesting that the IRS forward the second check on to MCC headquarters.
A stamped, addressed envelope was enclosed.
The government complied.
Tax Talk, a war-tax-resistance bulletin, commented on the method used: “This action effectively reached three levels.
First, symbolically, it shows nonsupport of war.
Secondly, it personally involves people in the IRS in a protest and in a positive attempt to help those whose lives our tax dollars have helped totally disrupt, while removing tax dollars (at least for the moment) from contributing to that destruction.”
Although the Internal Revenue Service forwarded the check, they soon attached the pastor’s bank account to reclaim that part of the tax which he refused to directly pay.
The Arvada Mennonite Church, Arvada, Colo., has notified Mountain Bell Telephone Company that the congregation has agreed “to cease voluntary payment of the 10 percent federal telephone tax levied against the citizens of this country for the support of the war in Vietnam.”
The money which would have been spent on the federal tax will be contributed to the Mennonite Central Committee for alleviation of suffering in Vietnam.
In its letter to the telephone company, the congregation said, “The decision to refrain from willingly paying a specifically legislated war tax is an expression of the sorrow and protest of the church over the suffering and loss of life in Vietnam, both American and Vietnamese, and the unwillingness of the United States to allow the citizens of that country engaged in civil strife to determine their own destiny and fashion their own future in relation to the world community of nations.”
The letter said the church did not intend “to defraud our nation which we love, or by secret means to deprive it of its claim upon citizens for support in its just and God-given duties.
Rather we openly seek to make this expression a call for justice and peace.”
In such cases, the telephone company does not terminate service or collect the tax, but notifies the Internal Revenue Service.
The Internal Revenue Service eventually takes the required amount plus interest from the bank account of the individual or organization refusing the tax.
War tax resistance came up in other contexts in The
Mennonite in as well.
An letter from Mabel Amstutz
Sutter and Sem Christian Sutter of Chicago to the Internal Revenue Service
was reprinted (this was essentially the same pay-under-protest letter as was
printed in a 1973 edition).
An
letter from Jacob T. Friesen
also announced a pay-under-protest lack-of-resistance strategy.
The edition noted
that Michio Ohno’s war tax resistance group in Japan, Conscientious Objection
to Military Tax, had launched a new
publication — Plowshare. “The fifth and latest issue
of the four-page paper includes an account of the first Japanese tax resister
whose bank account has been seized by the government, an article on whether
military forces are really effective in national defense, an article on poverty
as a reason for enlisting in the military, and a guide for filing tax returns.”
Also mentioned in that edition was a letter from someone in Colorado to the
MCC
that read in part: “Enclosed find a check for $40 for world hunger. Rather than
paying income taxes, we are sending this check so that we may help to build
peace and support causes that help our troubled world.”
[I]f I were to take a gun and shoot someone, that would be sinful. I would be
punished for my evil actions. If I were to pay someone else $500 to take a gun
and shoot the person, I would still be considered sinful and would still be
liable for punishment. But when I give that $500 to the government and have
them hire the person to do the shooting, it becomes good and I am no longer
evil. It is only when I refuse to kill by proxy through nonpayment of war
taxes that many people (Christians among them) once again see me as evil.
Once again the principalities and powers have moved the consequences of evil
away from us, so that we do not see the direct connection between what I do
and the resulting evil and suffering which is caused. We are lulled into
thinking we are righteous, when in actual fact, we are participating in the
works of the devil.
He traced the history of the three denominations’ struggles over whether
Christians can pay for war when they refuse to participate in it. Some early
church leaders in America advocated not offending the government and thus
paying all taxes. In other groups, especially among Friends, members were
disciplined for supporting war in any way.
“Jesus took direct action in the temple with the money-changers.” Yes, and I’m
sure he is grieved at some of the activities with which we crowd real worship
out of our places of worship — but I don’t read of his organizing a
protest march on Herod’s palace.
We read so much these days about withholding war taxes, but I’m not convinced
this is right — and not because there is anything right about war! Paul lived
in a time when taxes were used to support a system that fed innocent people to
lions in full view of a bloodthirsty crowd of spectators, yet he advised
Christians in his day to submit to the authorities — no word about withholding
taxes.
A
statement from the
MCC
Peace Section was submitted as testimony when the
U.S. House of
Representatives’ ways & means committee considered the “World Peace Tax
Fund Act.” It read in part:
The debate among us as Mennonites is on the question of whether we must, in
order to faithfully follow the way of peace taught by our Lord Jesus Christ,
break the law by refusing to pay part or all of our federal taxes since a high
proportion is used for war.
We do not want to break any laws, but some of us feel compelled to do so on
the tax matter because of a growing conviction that in our modern time we are
not living out our conscientious objection to war if we pay federal taxes used
for military purposes. We urge you to provide a way for us and for many others
of similar convictions to obey both the law and our convictions by enacting
the World Peace Tax Fund Act.
This is the twenty-sixth in a series of posts about war tax resistance as it
was reported in back issues of The Mennonite. Today
I’m going to try to cover 1979.
Preparing for the Minneapolis Conference
In , there was a special
general session of the Mennonite General Conference especially to discuss war
tax resistance, and in particular, to decide whether the Conference would
support its tax-resisting employees by refusing to withhold taxes from their
paychecks.
In our last episode, the heat was
rising, with opinion pieces and study guides and letters to the editor
addressing the issue. Now, with the session approaching and the decision
imminent, things really began to boil.
The issue hosted
a
long letter to the editor from Albert H. Epp (dated
) in which he accused
The Mennonite and the Commission on Home Ministries
of putting their thumbs on the scale in favor of war tax resistance. Excerpts:
Some of us… are part of the “silent majority” that feels inundated by the
tax-resistance mail arriving almost daily.
The Kauffman-Harder profile () stated, “A
member of our churches ought not to pay the proportion of his income taxes
that goes for military purposes.” Only 15 percent of our denomination agreed;
and no more than 8 percent among the Mennonite Brethren and Brethren in
Christ. Even fewer actually withheld tax. Eighty-five percent disagreed!
Now Minneapolis looms ahead. Many of us feel we are being swept helplessly
downstream toward an ill-advised showdown. I was one of the 453 delegates at
Bluffton () who voted “no” on resolution 11.
But it carried. There seems to be a wide gap between delegate-action at
conference and constituency-opinion at home. How did “the few” persuade “the
many” to agree to a February session that will cost about $100,000?
We are witnessing one of the strongest attempts at shaping conference-opinion
in 20 years, and possibly our entire history. Long-held views on civil
responsibility are being challenged by brethren who are crusading for tax
resistance and civil disobedience. Neither Scripture nor history are normative
in the ways they used to be. “We have something new,” we are told, “in the
present nuclear threat.”
Behind this ideological shift stands our Commission on Home Ministries. Three
years ago
CHM
began publishing a war-tax newsletter, God and
Caesar. In the fifth issue they report on a two-day war tax conference
they conducted at Kitchener, Ontario. “The evidence suggests that most
Anabaptists did pay all their taxes willingly…,” the report avers; but
CHM
leaders pledged themselves “to raise consciousness about war tax and
militarism issues…” Highly significant is the fact that two scholars. Miller
and Swartley, emerged at that session as men willing to say that the Scripture
does not give us a clear command to pay taxes used for military purposes.
It is my impression that Mennonite stalwarts of recent decades, H.S. Bender,
Guy F. Hershberger, Erland Waltner, and John C. Wenger, to name just a few,
all taught the full-paying of taxes on scriptural grounds. Their general view
agreed with Paul, who taught the paying of taxes in Romans 13
and was fully aware that Rome had crucified Christ, had subjugated many
nations, and was now ruled by the despot Nero.
H.S. Bender, writing on “Taxation” in ,
claims that “few if any Mennonites” were presently refusing to pay the portion
of income tax calculated to go for military purposes, which he estimated to be
about two-thirds of the total.
Guy F. Hershberger, in his classic on nonresistance, discusses the answer of
Jesus in Matthew 22:
“…the situation here is almost precisely like that in Romans 13.
Jesus’ questioners were not men who would be interested in service
in the Roman army. If anything, they would be interested in a military
rebellion against the Roman authority. There Jesus says, ‘Give to Caesar that
which is Caesar’s.’ That is, do not rebel against him, not even to the extent
of refusing to pay the tax.”
The current tax-resistance movement requires a major shift in biblical
interpretation. This is something new.
It appears to me that today’s tax-resisters are hard put to proof-text their
views. Swartley admitted to Kitchener ()
“…there is no New Testament text which either explicitly or clearly implicitly
tells us not to pay taxes.” Yet some go from text to text progressively
untying the knots of normal interpretation. But the knot of
Romans 13.
will not easily yield.
Donald Kaufman (What Belongs to Caesar, page 48) chides Oscar Cullmann for “his lack of moral discernment” when he insists that disciples of Jesus pay tax, no matter to what government.
John Howard Yoder, well-known for his personal tax-withholding procedure, nevertheless, in his oft-reprinted masterpiece The Politics of Jesus (page 211), approvingly quotes C.E.B. Cranfield, “taxes and revenue, perhaps honor, are due to Caesar, but fear is due to God.”
In sketching the limits of subordination, Yoder stops short of using Romans 13 for tax resistance.
Not so Larry Kehler in The Rule of the Lamb.
Using his stature as editor-writer, Kehler seems to infer that Paul supports our tax resistance.
The truth of the matter is that for every scholar who teaches tax resistance from Romans 13, there might be 50 competent professors who teach otherwise.
A tax protest based on Romans 13 is an exegesis not easy to defend.
The method of promoting the new idea also deserves comment. Basic to good
human relations is the concept that issues are best discussed without the
injection of personalities. When Cornelia Lehn’s speech at the Bluffton
conference was programmed into the civil-disobedience debate by conference
officials, it almost gave the appearance of being a psychological pressure
tactic to sway votes. After all, who can speak against womanhood? Who can deny
that Nellie’s stand is courageous? But someone has to venture the tough
question “Is it fair to ask thousands of Mennonites to approve civil
disobedience because of one person’s convictions?”
Is it possible that
CHM
has moved ahead too quickly on this issue — even out of earshot? Take their
suggestion that the General Board no longer honor tax-withholding laws for
some employees (The
Mennonite, 2 November 1976, page 648). On
the constituents turned back
Resolution 12 (yes — 336, no — 1,190) on this issue. Bluffton delegates later
gave the mandate for a midtriennium conference, but even this decision process
was interlaced with
CHM
influence. The delegates, caught in the euphoria of the moment, unable to
confer with churches at home, approved the surprise resolution. Most
surprising of all, Larry Kehler, as recent as , wrote, “I have not
yet been able to discover any tax resisters in Canada…” Little wonder
CHM’s
promotion is so voluminous.
When churches in the Midwest ask
CHM
for a clarification of issues, men are readily available to give excellent
thought-out defenses for tax resistance and civil disobedience. But no one
seems willing and/ or permitted to present the traditional biblical-Anabaptist
stance and say, “That’s my view.” So we, the silent majority, feel like people
with no representation. While we collect thousands of dollars for conference
coffers, no one pleads our case — the case of the majority.
Any protest, it seems to me, needs keen discernment. Picketing a tax office,
withholding income tax, or balking at withholding laws may all be misdirected
efforts. The Internal Revenue Service is only a collecting agency. Do we
punish the newspaper boy, refusing to pay when we dislike an editorial? No, we
phone the editor. Why not spend our energy on the decision makers?
A hope seems to flicker in some minds that a domino reaction, “me too, me
too,” will bring out an avalanche of Mennonite tax resisters. Then, some aver,
a frustrated government might negotiate. However, worse things may accrue.
Attorney J. Elwin Kraybill says that evading tax is a felony (26
USC 7201) and can
result in a fine (maximum $10,000) and/or prison (maximum 5 years). At the
least most Mennonites would be subjected to the harassment of an annual audit.
At the worst they could be accused of spawning anarchy — a trend already
evidenced in teachers’ strikes and police strikes.
I wonder if tax resistance won’t trap us in a blind alley — in a stance too
negative. Why curse the darkness? Let’s plant a light. In past decades our
conscientious objector position was transformed by creative service in refugee
camps, mental hospitals, and mission schools. Today we again need positive
solutions. Could Mennonite Central Committee possibly establish a research
center with departments like peace, pollution, and world hunger? When our
scholars really tackle these complex problems, our governments will knock at
our door. In retrospect, I was proud when President John F. Kennedy turned to
MCC
for advice on the Peace Corps.
I am a Mennonite, both by birth and by choice. I deeply appreciate our
Anabaptist theology. As a pastor I can affirm with my parish
CHM’s
conviction of (1) the limited nature of Caesar’s power; and (2) the lethal
character of its weaponry. However, we do not feel it biblical or Anabaptist
to rob government of its right to taxation, or even some national defense.
Where government abuses this right we wish to exhaust every legal channel of
protest before we engage in illegal maneuvers.
In my congregation one brother is reducing his income; another has enclosed a
protest letter with his tax return. Many of us have increased contributions to
reduce taxable income. But not one, to my knowledge, is refusing to pay taxes.
As one brother put it, “Can we be harsh on Uncle Sam while our financial
stewardship level is so low in Mennonite circles?”
A final word. I tested this letter with my Board of Deacons. All seven
present, to the man, encouraged me to send it. Editor, thanks for letting us
speak.
Richard K. MacMaster addressed the history of war tax resistance among
American Mennonites in an article that appeared in the
issue:
I read with great interest your articles about the forthcoming discussion of
war taxes at Minneapolis.
I’ve had a great concern to write some few lines on one small aspect of this
large question, but generally put it off as a nit-picking historical footnote.
Observing that “historical perspective” will play a role in the consultation
, I thought I should take
time to clarify what might possibly lead to misunderstanding.
A number of recent discussions on the war tax issue have stated that
Mennonites and Brethren paid their taxes in obedience to the biblical
injunction of “taxes to whom taxes are due.” The reader might reasonably
conclude that, unlike Friends, neither Brethren nor Mennonites were troubled
in conscience about payment of taxes levied for any purpose. The point would
be too insignificant to raise in even some nitpicking scholarly review, if it
did not have consequences for our understanding of our own heritage in regard
to a current issue of great importance.
In Peter Brock published his monumental
Pacifism in the United States from the Colonial Era to the
First World War. The scope of his subject precluded his searching into
every manuscript collection that might bear some relation to it, and he relied
heavily on printed sources. The limited number of published works on Mennonite
history is reflected in his footnotes and bibliography. Walter Klaassen leaned
heavily on Brock for his interpretation of the American scene, since his own
scholarly work has been in the European Anabaptist sources. There is a danger
in this process that, in spite of passing through the hands of two very
distinguished modern scholars, the material is no better than the sources
available to Mennonite historians 50 or 75 years ago.
The danger of allowing this recycled history to determine our understanding of
our own heritage is compounded by the fact that Brock made assumptions that
went beyond his somewhat limited sources in describing the position held by
Mennonites on key issues, notably on the payment of taxes. The first mention
of any Mennonite attitude on this question involved Mennonite settlers in the
Shenandoah Valley of Virginia in . Brock noted that they “were able to obtain exemption by the
payment of militia fines, against which — unlike the Quakers — they had no
deep-seated scruples of conscience,” but that they petitioned in
(sic) for relief from militia fines,
“not because of any fundamental objection to this alternative to service
(for was it not merely rendering Caesar his due?), but on account of
their poverty as frontiersmen eking out a bare subsistence.” He cited as his
only source Harry A. Brunk’s History of Mennonites in
Virginia, but Brunk does not make any of the statements I have quoted;
he is quite clear in his statement that conscience was involved.
Virginia Mennonites petitioned the authorities in Williamsburg for relief from
militia fines in and again in
. No copy of these petitions is known to be
extant and we know of the contents only from the brief minutes entered in the
Journal of the House of Burgesses. Since the
Virginia lawmakers exempted Quakers from payment of militia fines for the
first time in , it is not surprising that
Mennonites sought the same privilege, which was granted them by the House of
Burgesses in .
Their motives in petitioning for exemption were explained in a Mennonite
petition of , which asked that the earlier
privilege be restored. Militia bills passed during the Revolutionary War had
taken it away and enrolled conscientious objectors in the militia, once again
making them subject to fines. This petition, signed by 73 “members of the
Menonist Church in behalf of themselves and their religious Brethren,”
declared that their forefathers had come “to America to Seek Religious
Liberty; this they have enjoyed, except by the Infliction of penalties for not
bearing Arms which for some time lay heavy on them. But on a representation,
and their situation being made known to the Honorable the Legislature, they
were indulged with an exemption from said penalties until some few years past,
when by a revisal of the Militia Law they were again enrolled and are now
subject to the penalties aforesaid.” (The original petition is in the Virginia
State Library.)
This petition and one offered the previous
year by Rockingham County Mennonites and Brethren did not succeed in changing
the law, and the payment of fines was the subject of occasional petitions from
all three of the peace churches. What is significant about the
Virginia petition is its statement that
payment of militia fines violated the liberty of conscience that Mennonites
otherwise enjoyed and that this was true under the king as well as during and
after the Revolution. It would appear to me impossible to square this
contemporary Mennonite document with the interpretation that Mennonites paid
militia fines as merely rendering Caesar his due!
The conscientious objection to payment of a fine or equivalent to militia duty
in Virginia on the eve of the Revolution might help us in understanding the
position of Pennsylvania Mennonites. There was no compulsory militia law in
Pennsylvania prior to , so no question of
fines or other equivalent would have arisen as early as it did in Virginia.
In Pennsylvania authorities requested
voluntary contributions from those who scrupled against bearing arms and the
Continental Congress itself made a similar appeal. Records of the county
committees entrusted with collecting this money suggest that it had a mixed
reception. Objections were heard very early, however, against levying
contributions from conscientious objectors on a purely voluntary basis. In
the Pennsylvania Assembly debated
imposing a set amount as a special tax on non-associators. They read petitions
from the Quakers and from the Mennonites and some members of the Church of the
Brethren. The meaning of these petitions seems perfectly clear. A well-known
military historian understood them to mean that “not a few Quakers and
Mennonites joined to oppose not only the Association but any tax levied in
lieu thereof.” (Arthur J. Alexander, “Pennsylvania Magazine of History
and Biography, ⅬⅩⅨ, , page 16.)
This would follow logically from the position taken by Virginia Mennonites,
who were closely related to the Pennsylvania congregations.
When a Militia Law was enacted in in
Pennsylvania, no provision was made for the exemption of conscientious
objectors, and a special tax was imposed on them in lieu of military service.
It was this tax that was under discussion among Franconia Mennonites when a
majority of the preachers opposed Christian Funk’s contention that it ought to
be paid. I am well aware that Pennsylvania Mennonites felt uneasy with the new
revolutionary regime and declined sending a formal petition to the legislature
in since it would involve addressing them as
“the representatives of the freemen of Pennsylvania.” Hostility to the new
government may well have colored the attitude of Funk’s opponents, but it does
not explain why they opposed payment of this particular tax and not
of all taxes levied by the new state. There is no hint in any
official document, newspaper, letter, or other contemporary source that any
Mennonite in Pennsylvania refused payment of any other tax. Surely there would
be some notice taken by someone of tax resistance, particularly if it were on
the quasi-political ground that the new government had no legitimate
authority. On the other hand, reluctance to pay a tax levied in lieu of
military service would square with the Virginia documents, the obvious
sense of the petition, and the minutes of
the Church of the Brethren annual meetings that refer to persons with
conscientious objection against paying for substitutes and paying the tax
(singular).
I do not know that this leads us very far on our present quest. But it is
sufficient, I hope, to indicate that Mennonites have expressed “deep-seated
scruples of conscience” and “fundamental objection to this alternative to
military service.”
The edition included this
op-ed from Harold R. Regier:
The sovereign Lord and the sovereign nation will be in tension at Minneapolis
when the General
Conference, in official session, will be “In Search of Christian Civil
Responsibility.”
Will we be ready at Minneapolis to decide issues related to paying those taxes
required of the state used for death-threatening militarism and weapons
building? Much depends on how adequately congregations study and discuss
The Rule of the Sword and The
Rule of the Lamb prior to Minneapolis. Much depends on adequate
congregational representation. And much depends on an openness to hear each
other and the leading of God’s Spirit.
What are specific questions we must answer at Minneapolis?
What is the biblical teaching on civil responsibility and civil
disobedience? Are Christians ever called to civil disobedience?
If civil disobedience may at times be a Christian response to government,
what conditions or principles guide that response? Is the payment of taxes
used for war purposes one such condition?
If “war tax” resistance is a Christian response to a government’s
militarism and to the nuclear arms race, to what extent and in what ways
should that response be encouraged and initiated? Is conscientious
objection to paying for war in today’s context equivalent to conscientious
objection to physical participation in war in the past?
Should General Conference and other Mennonite institutions honor
employees’ requests that the portion of taxes used for military purposes
not be withheld from their paychecks? Should Mennonite employers even go
beyond this and refuse to be “war tax” collectors for the state for any of
its employees?
Is the bottom line for the Minneapolis conference the question of tax
withholding? Not necessarily. Other options for faithfulness and witness may
be discovered. Our search for Christian civil responsibility must be
open-ended rather than locked into the consideration of only one kind of
action. However, the withholding question is a very important one on which we
are committed to making a clear decision.
The withholding question is significant, but not because this is the only
alternative for the employee. There are other ways to have less tax withheld.
Possibilities include refiling a tax form to include allowances for expected
(“war tax”) deductions, forming an alternative employing agency, or
contributing up to 50 percent of salary to charitable causes. The withholding
issue’s greatest significance lies with the questions of corporate
responsibility and the issue of church as an agent of the state.
I would suggest five reasons for the conference to consider honoring requests
from persons asking that their taxes not be withheld. (1) Honoring these
requests would eliminate the discrimination between ordained and nonordained
employees. In the
U.S., ordained
employees are considered “self-employed” by the tax department and are exempt
from withholding regulations. Nonordained persons have to follow a more
difficult procedure to enable resistance. Currently at least four ordained
employees of the General Conference offices are not voluntarily paying the
military portion of their taxes. (2) Honoring nonwithholding requests would
represent a corporate peace witness rather than leaving such witness and
action solely to the individual. (3) A corporate conference voice and action
would make a much stronger witness for peace and justice than lone voices here
and there. (4) Nonwithholding would be one appropriate way to initiate a test
of the constitutionality of requiring church agencies to collect taxes for the
state. (5) This corporate action builds on our Anabaptist theology of peace
and takes seriously the way our financial resources contribute to warmaking.
My hope for Minneapolis is that the General Conference Mennonite Church will
act to do something together about our nations’ militarism. This
could be corporate action regarding withholding “war taxes.” This could be a
commitment to a large-scale symbolic resistance to “war tax” payment
(e.g. “each” Mennonite withholding $10 and
explaining why). As a conference we could send a strong message to our
governments regarding militarism and the taxation which supports it. We could
issue a “war tax” statement to be shared with the larger church (other
denominations) as well as to our governments. We could make a stronger effort
to promote the World Peace Tax Fund Act in the
U.S. and instigate
other alternatives in Canada.
These are only suggestions. Delegates need to think of other options.
Minneapolis will be a failure if we conclude that “everyone do what is right
in their own eyes.” Minneapolis will be a success if we take some large or
small step toward corporate responsibility and action.
He began by noting the paucity of charity by American Mennonites is devoted to “the crucial urgency of tragic situations in the Third World” compared to how much is spent domestically.
“It appears our dedication somehow is absorbed in our words which seem to psychologically liberate us to expand lavishly on the home front.”
While I respect individual conviction, I am cool toward the effectiveness or the witness of withholding taxes.
(In recent months I have been going over old magazines and clipping articles related to war taxes.
There has been a rash of articles on this subject every 6–10 years in the past decades.)
In , the U.S. federal budget increased 48 percent for defense, space, and foreign affairs (probably not even keeping up with inflation).
The human-resources part of the budget jumped 378 percent during the same decade.
Not all these programs are effective, yet they represent an attempt to cope with areas of great need.
When we criticize government expenditures, let us remember that we Mennonites have been increasing our budgets in North American institutional and church developments rather than for that part of the “one in Christ” where poverty is indescribably great.
In short: “Until we have done what we ought we should not say too much to other segments of society.”
Furthermore, Shelly felt that there was an overemphasis on war as a source of violence.
Alcohol, reckless driving, and abortion, were also examples of violence that deserved at least as much attention.
Finally, the way to peace, he felt, was not through civil disobedience or
protest or peace witnessing, but simply through spreading the gospel and
getting more people to adopt Christian values. For example: “during the
massacre in Uganda almost all Christians refused to shoulder guns.” So
Mennonites should stop arguing about taxes and rededicate themselves to
missionary work.
Kenneth G. Bauman penned an op-ed for the edition, from the point of view of
“some of us”.
Bauman thought the Bible offered little or no support for war tax resistance.
Jesus did not counsel it, even when pitched a softball. Paul explicitly
said Christians should pay their taxes to Rome and the Roman Empire wasn’t
exactly peaceful. Those examples of civil disobedience found in the Bible never
touch on war taxes or on conscientious objection to government spending.
Mennonites, he felt, shouldn’t just skip over this on the way to making their
own independent moral judgments about war taxes.
Bauman also challenged the view articulated in Richard K. MacMaster’s essay
that war tax resistance had strong footing in historical Mennonite practice:
A good historical development of this issue is found in Walter Klaassen’s
pamphlet Mennonites and War Taxes. A summary is
found on pages 40–41 in The Rule of the Lamb. The
only groups that refused taxation were the Hutterites and the Franconia
Conference in Pennsylvania during the Revolutionary War. The issue was
probably not “war taxes” but rather who was the legitimate government, the
British or the United States? Recent Mennonite scholars hold the traditional view.
Check the writings of Guy Hershberger in War, Peace, and Nonresistance (page 369),
Harold S. Bender’s “Taxation” in The Mennonite Encyclopedia,
and Robert Kreider’s “Anabaptists and the State” in The Recovery of the Anabaptist Vision.
Kreider states, “The Anabaptists agreed unanimously
that the Christian owes obedience to the civil authorities insofar as the
prior claims of God are not violated in those duties. The Christian gives this
obedience freely and not grudgingly. He pays taxes, tithes, interest, and
customs as required by the magistracy. No evidence can be found to
substantiate the frequently made accusation that the Anabaptists refused to
pay these obligations” (page 190).
The new threat of nuclear war, Bauman thought, was not a reason to rethink this
established wisdom. After all, the murder of one person and the obliteration of
millions are both terrible sins: “Is the biblical teaching on the sacredness of
life on a sliding scale or is even one person’s life sacred?”
Some of us respect the individual conscience as we want our conscience to be
respected, but we are not convinced that those who believe in withholding
taxes have seriously considered all the options. Several alternatives are (1)
filing suit against the government to recover taxes, (2) setting up a
subsidiary corporation, and (3) greater efforts toward a World Peace Tax Fund.
We are grieved that in this hour when we need a united witness against
militarism, with selective service a real possibility (which will also include
women), we are divided. We object to our peace position being questioned
because we do not see withholding taxes as being biblical or
Anabaptist-Mennonite.
Some of us are waiting for open dialogue on the tax issue. The other side has
not been formally presented in the General Board, nor was it given adequate
representation at the Consultation on Civil Responsibility at Elkhart, nor has
it been given a fair presentation in The Mennonite.
We question whether the midtriennium conference will change the situation.
Marie J. Janzen, in a letter
to the editor, wrote that she thought Bauman was “attempt[ing] to find a letter of the law that would justify us not to refuse taxes.”
It is true, for instance, that Peter was referring to the Jewish leaders and
not to the state when he said we must obey God rather than men, but the
principle would be the same in either case, wouldn’t it?
It seems to me that the Christian gospel speaks to the needs of each age, and
different things need to be done in different ages. There would have been no
need to warn early Christians to drive carefully lest someone’s life might be
taken in an accident. But today there certainly is. When Jesus said to his
disciples that they would do greater things than he had done, didn’t he imply
that there would be a need for greater things in later ages than there was in
the time of the early church? The common person at that time had no rights, no
influence on government. In a democracy we Christians have responsibilities
the early Christians did not have. I don’t have to pay income tax; I don’t
know whether I would have the courage to refuse if I did. But I certainly
admire the ones who do refuse to pay taxes for conscience’ sake.
…Of course, there may be other alternatives which are more effective than the
refusal to pay taxes. For instance, as my sister suggested, if we would deluge
the government with letters and with telephone calls and insist that this arms
race must stop — or at least that they give us the right to have a peace
tax — that might do more good.
On the other hand, David A. Somner wrote in to praise what he called Bauman’s “clear, biblical, historically accurate” statement.
A
letter from Gary Martin, written on but not published until , thought that the war tax issue was overshadowing the fact
that Mennonites had lost their way and were neglecting some of the foundations
of their faith and practice. This was followed by a letter from Don Kaufman,
in which he related an anecdote from a repentant soldier and thought it “could
be instructive for us too as we wrestle with the implications of the Christian
gospel concerning war taxes.”
A letter from David C. Janzen, dated , published in the
edition, said that “[b]ased on our congregational meeting on the issue, it
would appear that the [war tax] protesters are a small but very vocal
minority.” He thought the conference was a waste of time trying to relitigate
an issue that had been decided by Jesus way back when.
A letter from Eugene Klassen, dated but also not published until , also took the line that the Bible was black-and-white about
taxpaying: “Romans 13
clearly tells us to pay taxes to whom taxes are due. Yet we allow the use of
our conference time, money, and publications to debate both sides of the
issue.”
Drumroll please. The conference was held, and all of these years of kicking the
can down the road and avoiding a decision came to an end as a general assembly
of the Mennonite General Conference, after lengthy study and debate, concluded:
Moved that we request the General Board of our conference to engage in a
serious and vigorous search to use all legal, legislative, and administrative
avenues for achieving a conscientious objector exemption from the legal
requirements that the General Conference withhold income taxes from the wages
of its employees. If no relief can be found within a three-year period, they
shall again bring the question to the attention of the conference.
So… the can kicked another three years further down the road. Well, what were
you expecting?
Seven hundred persons came to the bitter cold and deep snow of Minneapolis,
, “in search of Christian
civil responsibility.”
…Would our General Conference grant an employee’s request to no longer
withhold from her salary that portion of the income tax which goes toward
military expenditures?
Many predicted a collision course. Minneapolis would be a showdown.
The drama has happened. And the unexpected far outdid the expected.
only a few
hundred people had registered. Polarized positions surfaced in many
congregations. There was talk of maneuvering, boycott, and schism.
The annual Council of Commissions met at Minneapolis on
to do the usual review and
projection of
GC program and
budget. Hardly a session went by without reference of concern about the
midtriennium.
By it became obvious that
God’s Spirit was again among us in unusual ways.
In faith, space had been reserved for 500 people. Over 700 came.
We found the issue is not “yes-no” “either-or” regarding war taxes. It
includes our lifestyle. Do we live in ways that share Christ’s salvation,
love, and justice to all. This is not just for a few brave radicals.
Each of us needs to choose again and again to let our light shine.
We found the issue is not Cornelia Lehn and civil disobedience. It is
obedience to Jesus in today’s world.
We found the issue is of deep concern to our youth. About 100 persons present
were under 25. And they spoke up. Their generation most directly faces the
nuclear shadow. If we want to leave them a heritage of peace we must address
our faith to this global threat.
The main resolution (above) passed 1,218 to 134.
The following issue expanded on that first draft of history. It included the
details that delegates from 176 churches were represented at the midtriennium,
that the 700 attendees included “almost 500 delegates and more than 200
visitors” who at one point broke up into “78 small groups”, and further noted:
Following the… conference the General Board set up a six-person task force to
implement the decision of the delegates. The persons for this committee have
been appointed and upon acceptance their names will be released.
A
later article named them as Delton Franz, Duane Heffelbower, Bob Hull,
Heinz Janzen, Ernie Regehr, and Ben Sprunger, and noted that “[t]he task force
had its first meeting in Columbus,
Ohio.” Later
Stanley Perisho, Chuck Boyer, Winifred Beachy, Janet Reedy, and Gordon Zook
were added to the list.
Though the conference officially started , most people arrived
in time to watch a group
from the Mennonite Collegiate Institute in Gretna, Manitoba, present
The Blowing and the Bending, a musical drama
highlighting the themes of wartime intolerance for conscientious objectors and
Mennonite struggles with the war spirit.
Some of the themes played out in the small groups and by the symposium were
the following:
the gospel is first, pacifism is secondary.
it is important to be legal.
it is better to be faithful.
a witness for peace has to have the integrity of an appropriate
lifestyle.
the government is more willing to accept conscientious objectors than the
church.
there are other social and political issues which need to be spoken
to.
a corporate witness is/is not the route to go.
militarism today is a qualitatively different problem than anything
civilization has had to face before.
the response to militarism is a theological and faith issue.
When one delegate called for a show of hands to indicate who had done some
protest against nuclear proliferation and militarism about 20 percent of the
assembly said they had.
Though most of the delegates who spoke during the afternoon plenary session
admitted they were troubled by worldwide military expenditures over one
billion dollars daily, they nevertheless said the church as a corporate body
should not engage in illegal activities in its witness against war
preparations. Instead speakers urged alternatives.
A sentiment often expressed, however, was that the church, while avoiding
illegal actions, should actively support its members who engage in civil
disobedience on the basis of conscience.
Roy Vogt, economics professor from Winnipeg, Manitoba, berated the assembly
for loading the responsibility for witness upon isolated individuals. “It is
morally reprehensible,” he said, “to give only moral support. We must provide
financial and legal support for those prophets who have arisen from our
middle-class ranks.”
In contrast to the social activists at the conference Dan Dalke, pastor from
Bluffton, Ohio, castigated the social activists for making pacifism a
religion. “We will never create a Utopia,” he said. “Jesus didn’t come to
clean up social issues. Our job is to evangelize the world. A peace witness is
secondary.”
Some of the statements were personal. A businessman confessed that while he
could easily withhold paying military taxes on the basis of conscience, he was
frightened. “I am scared of being different, of being embarrassed, of being
alienated from my community. Unless I get support from the Mennonite church I
will keep on paying taxes.”
Alvin Beachy of Newton, Kansas, said the church seemed to be shifting from a
quest to being faithful to the gospel to being legal before the government.
By the small groups were
into serious wrestling with these open-ended statements: (1) The biblical
teaching on obedience to God and its relation to civil responsibility is… (2)
Civil disobedience may be a faithful Christian response when… (3) With respect
to whether the General Conference should withhold the taxes of employees who
would rather practice war-tax refusal, we urge that… (4) With respect to the
threat of militarism in North America, we feel that the General Conference as
a Christian body should now…
By the groups were supposed to have
their consensus ready for the findings committee. Many of the statements came
later in the evening, and the findings committee of six began to sift through
the material. They spent a good part of the night at it, got up again
, had it typed (three
pages, single spaced), and by 800 copies were being distributed.
Action on the floor did not, however, center on the findings committee
statement. Immediately after the Bible lecture a ballot was distributed to the delegates. It
asked for a “yes” or “no” vote on this question: “Shall the General Conference
Mennonite Church refuse to withhold from salaries and refuse to remit to the
U.S. Internal
Revenue Service a portion of the federal tax due in those cases in which this
is requested by employees on the grounds of conscience, even though such
action on the part of the conference is against the law?”
There was a flurry of action on why the midtriennium conference organizers had
brought this question to the assembly so early in the day. Conference
president Elmer Neufeld replied that the intention was to bring the question
to the delegates in a clear and forthright manner. The General Board executive
committee had decided to present the main question of the midtriennium in
ballot form as a way of helping the decision-making process. After some
discussion on the procedure Kenneth Bauman of Berne, Indiana, moved the
ballot. It was seconded and discussion began.
Shortly after the midmorning break David Habegger of Wichita, Kansas, brought
in a substitute motion. It stated: “Moved that we request, the General Board
of our conference to engage in a serious and vigorous search to use all legal,
legislative, and administrative avenues for achieving conscientious objection
exemption from the
U.S. legal
requirement that the conference withhold income taxes from the wages of its
employees. If no relief can be found within a three-year period they shall
proceed to a constitutional test of the First Amendment by whatever means
appear most appropriate at the time, including the option of honoring
employees’ requests that their tax not be withheld.”
This sparked a miniprocedural debate. Was a substitute motion the same as an
amendment? Checking their judgment against Robert’s Rules
of Order, the three-man procedural committee said it was. There was
some objection to the ruling.
It was a key ruling. From the tenor of discussion, and from the statements
which 75 churches brought to the midtriennium, it was apparent that most
GC
congregations were not willing to vote “yes” on the first motion. If the first
motion had come to a vote the decision would likely have been against those in
favor of not paying war taxes.
Hence the substitute motion was debated first. In short order it was also
amended by Herman Andres of Newton, Kansas. The amendment carried by a vote of
906-to-458. The amendment changed the second sentence to read: “If no relief
can be found within the three-year period they shall again bring the question
to the conference.” The vote was taken just prior to the
break.
Gordon Kaufman, professor at Harvard Divinity School in Boston, probably made
the key speech of the morning, thereby paving the way for delegates to be
sympathetic to the substitute motion.
Kaufman said he was puzzled by all the concern about legality. He commented,
“The early church was illegal. The Anabaptists were illegal. Illegality is not
a Christian question. We talk as if we are concerned about a massive
illegality. We are not asked to sign pledge cards. The question is are we
willing to test the law that asks the church to collect taxes? We need to test
the law of separation of church and state, and freedom of religion. In this
country it is a matter of civil responsibility to test the law.”
After a rushed noon break — “Here they come,” said one restaurateur — the
final session of two hours began. A vote was taken on the substitute motion
and it passed by a plurality of nine-to-one, 1,218-to-134 votes.
A miracle had happened. It was essentially a consensus. Longtime peace
advocate Henry Fast of Newton, Kansas, called it “an historic moment.”
At this point people made editorial comments about the findings statement. As
a summary of what people at the conference thought it attempted to cover the
spectrum of conviction. Most comments were affirmative and on a voice vote the
conference adopted it. It noted that the world is “caught in a tragic system
of threat and counter-threat, violence and counterviolence.”
“We want to be obedient citizens, but even more we want to be obedient to
Jesus Christ… We are convinced that citizens of Christ’s kingdom must choose
ways to speak and act against this suicidal race to universal destruction.”
During the afternoon session various people made capsule comments and appeals.
One of the appeals was to take an offering to assist those who are resisting
the payment of war taxes.…
The offering realized $3,030.
The magazine helpfully tallied the delegates by district.
Curiously, I thought, the Eastern District was the most well-represented, with
81% of their votes represented by either delegates or proxies. I saw some
evidence in our last episode that the
Eastern District might be particularly conservative on this issue. The least
well-represented of the United States districts was the Pacific, with only 46%
of its voters represented. Canada turned up to a greater extent than some had
worried, with 57% of voters from the Conference of Mennonites in Canada voting.
The edition gave a summary
of the report of the findings committee. Excerpts:
Never in our history have so many engaged their energies so extensively in
preparation for a conference decision.
We want to be obedient citizens, but even more we want to be obedient to Jesus
Christ. In this quest we are aware that the Bible and our people’s experience
do not give us fully explicit answers on the tax issue. At this moment,
therefore, these are our best discernments.
As Christians we must speak and act. We hope that Mennonites will support sons
and daughters in their leadings to witness for Christ — even in such acts as
refusing to pay taxes destined for war. This means prayerful, moral, and
financial support. Our tradition has been to be a quiet people. We yearn to
act and to witness in sensitive ways which exhaust every acceptable legal
process available to the constituency.
We encourage the General Board to work at developing alternative possibilities
for the handling of tax withholding and to work in collaboration with other
church bodies and institutions in seeking to extricate itself from the role of
being a tax-collecting agency.
It is easy to call governments and conference offices to faithfulness. Perhaps
the most urgent call proceeding from this conference is a call to each
other — to individual church members, to families, and to congregations — a
call to renewed faithfulness. What are we prepared to do in revising our style
of life as affluent witnessing against the powers of darkness in this world?
How does my life vocation fulfill the claims of Christ for this age?
We yearn for unity in our churches. We want to proceed together in our
pilgrimage of obedience but don’t want to tarry long in fear and indecision.
We want to affirm those individuals whose consciences are sensitive on issues
not fully shared by all.
Reactions continued to reverberate through the letters-to-the-editor column and
op-eds:
Mary Gerber,
on told the Mennonites who
weren’t resisting taxes that they were in the right and shouldn’t feel
guilty about it.
[S]everal of the church statements and many individuals expressed a
feeling of guilt that they were not following in the steps of those
“prophets” who were refusing to pay a portion of their tax. In order to
compensate for their personal unwillingness to break the law they
enthusiastically offered to provide moral and financial support for those
who did.
…[P]aying someone else to perform what is also my moral duty is
blatant hypocrisy.
If we… honestly wish to follow Christ in all, we will respond as he did
in similar circumstances. We will love and correct that brother, not aid
and abet him.
Ralph A. Ewert,
on , suggested that people
(in the U.S.
anyway) who did not want to pay a percentage of their income taxes should
figure out how much they would have to donate to charity in order to reduce
their taxable income enough to eliminate that much tax and then donate
away.
Mark Penner,
on related the temple
tax and render-unto-Caesar episodes from the Bible as slam-dunk reasons to
oppose tax resistance, as though nobody had thought of that before.
Jack L. Mace,
on found that the Bible
suggested a possible new if counterintuitive technique of tax witness:
While I would like to stop warring uses of my taxes by refusing to pay,
and giving instead to peaceful purposes, I know the
IRS
will collect the money — in spades — and my witness will be just to the
collectors and their supervisors. The government will not prosecute such
tax resistance, because that would draw too much public attention.
I want to witness to the policy enactment levels of government. My study
of the issue brought me to the words of Jesus in
Matthew 5:
“You have heard that it was said, ‘An eye for an eye and a tooth for a
tooth.’ But I say to you, do not resist one who is evil, but if anyone
strikes you on the right cheek, turn to him the other also; and if anyone
would sue you and take your coat, let him have your cloak as well; and if
anyone forces you to go one mile, go with him two miles.”
These words speak of positive responses to negative problems, and of a
method to make a tax witness virtually impossible to be ignored by even
the most recalcitrant legislator; a “second mile theology of witness.”
Taking these words seriously led me to decide that with a letter of
protest to the
IRS
I will pay my full taxes. Then I will send an amount hopefully equal to
the “war taxes” to my senators and/or representative in a check made out
to the government along with a letter of witness.
I will try to find a way to give the money so that disposition on the
congressional floors might be expected — if that be possible — but even
if the legislators send the check back they have had to come to grips
with its existence and its accompanying witness. The returned check would
then call for another letter containing the check, which again could not
be ignored.
The letter will contain a brief statement of my conscientious objection
to killing and its implications to the use of my tax dollars for war.
Then it will turn to the disposition of the check. Explaining
respectfully that since they are acting against my will as a provider for
the military machine with my tax dollars, I will ask as diligent action
on my behalf for the use of the money enclosed for the
proliferation of peace. The money is to be used by the government within
the framework of not doing violence to my conscience. I will list some
uses of the money which would violate my conscience, and why — being
careful not to suggest specific uses I would desire. The whole idea is to
get legislators to dialogue with their conscience on this issue.
I will actually split the check, sending at least two letters. Our new
Kansas senator, Nancy Kassebaum, needs to be made aware of our faith
early on. On the other hand, Robert Dole is one of the most recalcitrant
senators at the point of military spending. He had the temerity to come
to our Mid-Kansas
MCC
relief sale in his campaign last year and speak on the “need” for
increased military spending. It may even be advantageous for my
congressman, Dan Glickman, to receive a letter with part of the money. He
is a Democrat, and with Dole and Kassebaum being Republicans he might
just act as political conscience to the others. In each case of a split
check, all recipients will be told that there are others and the total
amount of the checks written.
After sharing this idea on the conference floor, there was sufficient
informal response between sessions that I decided to share more in this
letter and to invite anyone else who wishes to join me in this effort. It
would be desirable to make a coordinated effort so that the letters
arrive within a relatively short time for the greatest impact. It might
even be good to split up the amount into quarterly payments to be sent at
strategic times throughout the congressional year.
If you are interested in dialogue on this idea or if you plan to try it
with me, I would appreciate hearing from you and receiving your input.
Stanley E. Kaufman,
on expressed his disappointment
at the timidity of the “too-reluctant” Minneapolis resolution. He urged
The Mennonite to publish frequent updates on the
work of the task force searching for a “legal alternative” along with
suggestions for how people could help that work, and that people who do
independent outreach to officials keep The
Mennonite informed of their actions. He also said that while the
institutional church dithers, “each of us individuals [should]
consider stronger forms of witness”.
Direct tax resistance should not be forgotten for three years but should
be actively debated in our congregations and experimented with in our
lives. One of the biggest barriers to this is not knowing who and how
many others are currently engaged in tax resistance. I am refusing to pay
voluntarily my telephone tax (being a student, I have no income), but I’m
finding even this relatively simple stance rather difficult because I
feel I’m standing alone. I suggest that The
Mennonite could provide a forum — perhaps through a special
column — in which all those resisting taxes could find each other and
communicate experiences they’ve had, arguments they’ve encountered,
statements of the bases of their actions,
etc.
In our efforts to be faithful to God in this matter — to attempt to
change U.S.
military policy through tax witness — we need to be “wise as serpents and
harmless as doves.” We need to refine our strategies, improve our
communication, and support each other’s involvements.
It appeared that our over-politeness got in our way to deal effectively
with the issue at hand. It appeared as though the issue at hand was put
on the back burner to simmer to give us Mennonites more time. More time
for what? It will give a few people more time to pursue other legal
alternatives to the specific tax issue. It will also give many of us
grass-roots people in the church more time to remain silent and not be
directly faced with a Mennonite stand on the issue. It is those long,
noncommitted silent periods which trouble me… A firm and committed voice
by the Mennonite people needs to be heard in our world now.
Gaynette Friesen,
on , wrote that though “we
still have nearly 2½ years to resolve ourselves, hopefully as a unified
body, to the question of war taxes,” that’s no reason to slack off.
The edition gave another update on
the activities of the “task force”:
Two meetings of the task force on taxes have been held. The task force has
been expanded to include representation from the Church of the Brethren, the
Friends, and the Mennonite Church. This group of 11 is expected by the
participating churches to establish the legal, legislative, and administrative
agenda of a corporate discipleship response to military taxes.
The Minneapolis resolution mandated the task force to seek “all legal,
legislative, and administrative avenues for achieving a conscientious objector
exemption” for the GCMC
from the withholding of federal income taxes from its employees. (About 46
percent of U.S.
federal taxes are used for the military.)
At their second meeting () the
task force members rejected administrative avenues. Within the scope of
U.S. Internal
Revenue Service or Revenue Canada regulations this would involve extending
ordination, commissioning, or licensing status to all employees of church
institutions. It was a consensus of the task force that this would be an
administrative loophole. It would not develop a conscientious objector
position in response to military taxes.
However, both the judicial and legislative options will be pursued
simultaneously. Plans for the legislative option are the more developed.
For the legislative route to work, says Delton Franz, director of the
Mennonite Central Committee Peace Section office in Washington,
D.C., the
problem of conscience and taxes will have to be defined carefully. Currently a
paper focusing on the reasons the General Conference has a major problem of
conscience with collecting taxes from its employees is being drafted. After it
has been reviewed and okayed it will be sent along with cover letters by
leaders of the historic peace churches to congresspersons representing major
constituency concentrations and those on key subcommittees. Later on church
members will also be asked to write letters. It is important, says Franz, to
define the problem of conscience in such a way that it will motivate
congresspersons to work vigorously for the bill.
Another follow-up to these initiatives will be a visit to Washington of the
most influential peace church leaders to solicit support from selected members
of Congress and to obtain a sponsor for an exemption bill.
In preparation for the next meeting of the task force in November law firms
are being contacted for advice on optimum judicial procedures should the task
force decide to initiate a case as plaintiff. However, there is doubt that a
judicial process would be productive.
There is a possibility that a parallel task force will emerge in Canada. Ernie
Regehr, director of Project Ploughshares, Waterloo, Ontario, notes the
necessity of defining the question of militarism in Canadian terms for
Canadians. Regehr is attempting to gather a Canadian task force.
This mirrored a growing enthusiasm for the Peace Tax Fund legislation in many
organizations and congregations of the General Conference. This would
ultimately allow Mennonites to pass their well-worn buck all the way to
Washington,
D.C., and let
Congress take the blame for further delays.
New Call to Peacemaking
The New Call to Peacemaking initiative continued in .
Tax resistance was on the agenda at the follow-up meeting for churches in the central United States in .
Bruce Chrisman
In , a hundred participants,
mostly Mennonites, but also Quakers, Brethren “plus several Catholics and a
Presbyterian” came to
the fourth Mid-America New Call to Peacemaking.
“Conscription of Youth and Wealth” was the theme, and tax resistance was
again high on the agenda:
In the workshop on conscription of wealth Bob Hull, secretary for peace
and social concerns of the General Conference, suggested some
alternatives to paying war taxes. Others offered their own suggestions.
It was decided that resisting war taxes is a complicated affair and that
each person should decide according to their conscience. Several
expressed the desire to pay taxes for education, welfare, and other
social services, and wished there was an alternative such as the World
Peace Tax Fund. [Richard] McSorley, who has had contacts on Capitol Hill,
responded by saying that until there is a large grass-roots movement of
tax resistance the
WPTF
doesn’t stand a chance.
The latter half of the workshop included sharing by Bruce Chrisman,
Carbondale, Illinois, who is involved in a federal criminal case, one of
two in the
U.S.
involving tax resistance. His case is significant because it will provide
a precedent either for or against tax refusal on the basis of conscience
and religious convictions.
In Chrisman received draft counseling
from James Dunn, pastor of the Champaign-Urbana (Illinois) Mennonite
Church. He made a covenant with God to only pay taxes for humanitarian
purposes. Since that time he has paid no federal income taxes. It wasn’t
until this year, however, that the government prosecuted him, charging
that he willfully failed to disclose his gross income in
. “Willful” is the key term, because
Chrisman claims he conscientiously chose not to disclose his income. He
feels the government has purposely waited to build its case.
“The government wants to establish a precedent in order to prosecute
other tax resisters.” But Chrisman is confident. “We’re going to win and
establish a precedent the other way,” he said. He believes he has a
strong case. Part of that strength comes from his affiliation with the
General Conference Mennonite Church. He read from a statement from the
triennium which opposes war taxes and
supports those who resist paying them. “That’s a beautiful statement!” he
exclaimed, explaining that it has important legal implications for his
case.
In a moving conclusion to his talk Chrisman said that when he first
appeared in court this year
he was “scared to death.” “Today,” he said, “I have no fear in me. God
has given me an inner peace. I know I’m doing what he wants me to do.” No
one disagreed.
Chrisman would lose his court case.
On he was convicted
of failure to file (he filed, but the government contended the
information on the filing was not sufficient to make it legal).
During the pretrial hearings Judge J. Waldo Ackerman allowed Robert
Hull, secretary for peace and social concerns of the General
Conference, and Peter Ediger, director of Mennonite Voluntary
Service, to testify about Mennonite witness against war and
conscription of persons and money for war purposes. But the
testimony was disallowed at the trial.
Chrisman would ultimately be sentenced
to pay the taxes and court costs, to do a year of Mennonite Voluntary
Service, and to probation. He spun this as a victory of sorts:
“I’m amazed… I feel very good about the sentence. The alternative
service is probably the first sentence of its kind for a tax case. I
think it reflects the testimony in the trial and its influence on
the judge.”
Chrisman’s attorney filed an appeal of the conviction, which
was heard in , with the Mennonite General Conference filing an amicus curiae in Chrisman’s behalf.
Miscellany
A letter to the editor from Jacob T. Friesen described how he withheld a symbolic $13 from his income taxes “to gain attention and create opportunity to ‘dialogue for peace.’ ”
The issue told of the Manitoba Alliance Against Abortion, whose bank accounts had been frozen by the Canadian tax agency to pay for the taxes the organization’s president, Joe Borowski, had been refusing to pay for several years. The organization disputed that the funds belonged to the organization’s president and could thereby be seized, saying that the funds were meant for a legal battle against legal abortion. A letter-writing campaign by supporters of the group was credited for pressuring the government to abandon the seizure.
Chris Dueck, in the edition, called Mennonites out for complaining about Caesar’s war taxes while hoarding Caesar’s currency. “For us to refuse payment of taxes is to say ‘we want to keep the money we get through your military-economic policies, but we don’t want any of the guilt.’ The war tax issue is shedding guilt without shedding the selfish heart.”
In the edition, Gordon Houser looked into the New Creation Fellowship intentional community — which “was born out of the concern of a small group of people about the sad state of our society [and] a common involvement in simple living, war tax resistance, and prison reform.”
In , twenty people “from the General Conference Mennonite Church, the Mennonite Church, the Conservative Conference, and the Beachy Amish” met “to air trends within the Mennonite church and to share concerns.” Among those concerns, as expressed in a jointly-framed statement:
According to the direct command to pay taxes (Romans 13:6,7)
and according to the specific word of Christ on the payment of taxes to
“Caesar” (Matthew 22:15–22)
we believe we are under obligation to pay taxes levied by the law. We
regard taxation as the power of the state to collect monies needed for
its budget and not as voluntary contributions by citizens.
The Minneapolis conference
was given credit
for encouraging peace-minded clergy to come together and discuss the arms
race and peace advocacy.
William Stringfellow addressed the Church of the Brethren Symposium and suggested that the contemporary urban church should renounce its tax-exempt status. “since present tax privileges curtail the church’s freedom to speak out on important matters and keep it from engaging in tax resistance.”
[G]ood citizenship does not imply that we should obey our government
without regard for Christian conscience. Rather, good citizenship leads
us to work as a church and human community towards the establishment of
God’s kingdom on earth… We believe that Christ’s strength is in his
weakness and that the present aggressive stance of the world’s military
powers runs counter to our call to be peacemakers.
In the issue, Ferd Wiens
attacked “what may be called a ‘peace” cult” of
Mennonite flagellants
who, in his view, had turned the doctrine of nonresistance on its head to
make it a doctrine of civil disobedience — calling out promoters of war tax
resistance in particular.
Walter Regier agreed, writing that “[e]mphasis on world peace through demonstrations and nonpayment of taxes simply brings confusion into our ranks” and distracts from “more important issues that we face in our day… like abortion, homosexuality, and divorce”.
The U.S. branch
of
Pax
Christi (a Catholic peace movement) invited some of their Mennonite
counterparts to their annual convention in
.
Mennonites Bob Hull and Don Kaufman of Newton, Kansas, led a workshop on
tax resistance and the World Peace Tax Fund Act. Interest in this was
strong. About 40 persons, including some tax resisters, participated.
Hull is peace and social concerns director for the General Conference;
Kaufman is author of The Tax Dilemma: Praying for Peace, Paying for War.
In a private meeting with Sister Mary Evelyn Jegen, executive secretary
of Pax Christi
USA,
and Gordon Zahn, a Catholic conscientious objector in World War Ⅱ, Hull,
Kaufman, and William Keeney explained the General Conference resolution
on war taxes. Keeney, North Newton, Kansas, is director of the Consortium
on Peace Research, Education, and Development.
Although Pax Christi
USA,
supports the World Peace Tax Fund it has not responded to its members who
engage in war tax withholding and are requesting official support from
Pax Christi.
Albert H. Epp
felt that civil disobedience and other sorts of confrontation with
government “can ensnare a people in activities that make them obnoxious to
the general citizenry. It is ‘good’ deeds that earn respect and give us a
right to speak.” For this reason “It seems improper for Christians to start
at the point of urging illegal tax-resistance rather than first declaring a
church-wide month of prayer for a national crisis.”
In my congregation we took a poll on ideal ways to influence government.
We prefer to exhaust all legal means to achieve peace before we engage in
illegal maneuvers. Only 5 percent approved of refusing to pay one’s tax
as a protest. But in terms of practical, positive solutions, we found
that 65 percent approved the World Peace Tax Fund alternative; 85 percent
approved writing the President and Congress; 85 percent approved using
the ballot box to elect responsive leaders; and 89 percent approved
increased giving to decrease taxes.
But David Graber
responded that in his opinion “the demand to lay down our tax dollars
is a similar call to idolatry” as those that prompted the civil
disobedience of Shadrach, Meshach, and Abednego. “Thank God for
Christians today who refuse to cooperate with our government’s demands
in Jesus’ name. Where is Epp’s recognition of their witness?”
And Mark S. Lawson added that the blessings of government that Epp
felt we should all be humbly grateful for weren’t all that. For
example: “My country forces me to cut my income below the taxable
level so I can obey both the laws of God and man. Religious liberty is
only for those who support the killing in wars financed by their tax
money.” He seconded the idea that only through “widespread tax
refusal” could pacifists pressure Congress into creating an
alternative for conscientious taxpayers.
C.B. Friesen
was more appreciative of Epp’s take. He trotted out the usual
Render Unto Caesar ⇒ Romans 13 ⇒ 1 Peter 2
biblical justification for submission to civil government and said
that those who counsel war tax resistance “mostly benefit their egos”
in service of their “own philosophies and pet theories”.
The Mennonite Central Committee Peace Section (U.S.)
met at . They
“formally supported the passage of the World Peace Tax Fund bill” but
“decided against sponsoring a vigorous campaign to promote Mennonite
participation in a war tax resistance campaign. Section members felt such a
resolution would not reflect the will of their constituent bodies.” So they
instead adopted the kick-the-can routine, passing “a resolution that the
section ‘is prepared to consider at its meeting a decision to promote participation in a war tax
resistance campaign.’ ” There seemed to be some acknowledgment of flaws in
the Peace Tax Fund bill:
The section said in resolution “that it is conscience that the
WPTF
legislation might not in itself force a significant reduction in military
spending, but it recognizes that it would provide funds for peacemaking
efforts and would be a witness against military spending.”
