Reader (and lawyer) Bruce offers his take on the Catholic Churches denying Communion crackers to anyone who voted for Barack Obama — and whether that constitutes a violation of separation of church and state:
… I don’t know that urging those who voted for X not to participate in a religious rite AFTER the election has been held may not constitute “political activity” because it is not a recommendation on how to vote, AND it cannot influence the vote that already took place. Revenue Ruling 2007-41 [PDF] may provide some guidance on many questions but does not do so on this precise point. This is a somewhat pedantic point but I don’t know that this precise point has been explored by the IRS, Tax Court or judicial courts before.
I guess what I am saying is that what the priest did stinks but he may have barely stayed in bounds. If you know of other legal authority on this point (not my primary area of practice).