Campaigning for Candidates from the Pulpit is a Bad Idea
The “Johnson Amendment” prohibits most church pastors from making declarations “in support of or in opposition to candidates for public office.” Is this limitation on freedom of speech constitutional?
One thing is clear – the electioneering ban is not rooted in Jeffersonian views of separation of church and state or the First Amendment which are silent on issues involving the interplay between tax-exempt organizations, including churches and charities, and the Internal Revenue Code. Under section 501(c)(3) of that code, churches and other charitable organizations are exempt from income tax and entitled to receive tax-deductible contributions from donors.
Instead, it is based on an agreement that non-profits make with the IRS. In order to obtain 501(c)(3) status, applying organizations must represent that they will not participate in any political campaign on behalf of, or against, any candidate for political office. A contributor to a church that does not sign up for 501(c)(3) status can still deduct those contributions from his or her income but if that contributor is audited, he or she has the burden of establishing that the church meets the qualifications of a section 501(c)(3) organization.
On October 2, 2011, as part of “Freedom Sunday” which is promoted by the Alliance Defense Fund, 539 ministers throughout the United States defied the IRS rule and identified where candidates stood on the issues and “where followers of Jesus Christ should stand.” ADF claims that before 1954 when the Johnson Amendment was passed, preachers could promote candidates from the pulpit and that the effect since then has been to “silence and chill the pastors.”
So far, it does not appear that the IRS has taken action to revoke the 501(c)(3) status of these churches. In fact, such cases are exceedingly rare. The U.S. Supreme Court has yet to address this issue head-on although a lower court, the District Court for the District of Columbia in Branch Ministries v. Rossotti (http://www.irs.gov/pub/irs-utl/branch_ministries.pdf) did find that the IRS could revoke the tax-exempt status of a religious organization that bought and published a newspaper ad in the New York Times and the Washington Post that specifically and clearly argued against a political candidate. The ad said, “Bill Clinton is promoting policies that are in rebellion to God’s laws.” The ad concluded, “How then can we vote for Bill Clinton?” At the bottom, the church was named along with an invitation for readers to make a “tax-deductible donation” to pay for the advertisement.
A church that loses its tax exempt status will operate like any other corporation for purposes of tax liability. They would be able to speak out freely but some contributors may be less inclined to donate if they cannot take the tax deduction.
If 501(c)(3) organizations were suddenly able to engage in partisan politicking, and donors were able to give on a tax-deductible basis, donors could ostensibly deduct currently non-deductible political donations simply by funneling these monies through churches. Churches would not only pass the collection plate for their religious mission, but churches would also be able to use these tax-deductible donations on behalf of particular candidates.
Large churches could bankroll entire political campaigns and receive favorable treatment from those who support them. Politicians could visit with church pastors and lobby them for their campaign support. The lines of mutual respect between church and state could be erased as churches become nothing more than overt political mouthpieces during campaign season.
Because of the tax advantages, it is not inconceivable that churches would become a primary venue for gathering votes as political goals were interwoven with spiritual teachings. A politician who ignored this new reality would be at a distinct disadvantage.
In response, many congregations might, as a matter of policy, refuse to allow the politicking from their pulpits but may perceive that they lose the favor of politicians who receive their support elsewhere. In churches that permitted politicking, congregants of different political persuasions than their clergy might feel alienated and leave.
As it now stands, churches and charities are welcome to speak truth to power on the issues that matter – from opposing human trafficking, to lobbying for workplace accommodation for religious employees, to pursuing morality and justice. Religious organizations just cannot support or oppose particular candidates or political parties. This is a good thing.
GOP to Consider Accommodating Saturday Sabbath Observers in Nevada Primaries
In the Republican primaries this year, there is a bright spot for religious freedom and diversity.
Amy Tarkanian, the state GOP chairwoman told The Associate Press that she has asked the Republican National Committee to weigh in on whether the religious voters should be accommodated by moving their voting to Saturday night, or moved forward to February 2.
Casino titan and Republican party supporter Sheldon Adelson has raised concerns about the scheduling of the February 4, 2012 caucus, which falls on Saturday, or the Sabbath as celebrated by orthodox Jews, Seventh-day Adventists, and members of a few other religious groups.
The proposed changes would allow religious voters who observe the seventh day as a holy day to vote on an alternate date while most Nevada Republicans would be requested to caucus from 9 a.m. to 3 p.m. on February 4.
If you support religious accomodation for Nevada GOP voters who observe the Sabbath on Saturday, contact the GOP with a message of thanks and support for the decision at http://www.nvgopcaucus.com/contact
Here is a sample message: ”Just wanted to thank you for considering accommodating members of the GOP whose religious beliefs require that they rest on Saturday.”
10th Circuit Rules Oklahoma Amendment Barring Islamic Law was Unnecessary and Discriminatory
OKLAHOMA –The 10th U.S. Circuit Court of Appeals has upheld a lower court’s ruling that blocked the implementation of the “Save Our State” amendment. The amendment, approved by 70 percent of Oklahoma voters in 2010, barred “Islamic law” in the state, even though there was no movement to impose sharia law in Oklahoma.
Judge Scott M. Matheson wrote on behalf of the unanimous court, “Appellants do not identify any actual problem the challenged amendment seeks to solve. Indeed, they admitted at the preliminary injunction hearing that they did not know of even a single instance where an Oklahoma court had applied Sharia law or used the legal precepts of other nations or cultures, let alone that such applications or uses has resulted in concrete problems in Okalahoma.” (Awad v. Ziriax).
Larson test a Gateway to Addressing Laws that Discriminate Between Religions
The 10th Circuit also applied the Larson test as a gateway to the Lemon test. While the Lemon test Lemon v. Kurtzman, 403 U.S. 602 (1971) applied to “laws affording uniform benefit to all religions, and not to provisions…that discriminate among religions,” in Larson v. Valente, 456 U.S. 228, 255 (1982), the Supreme Court ruled that if a law discriminated between religions, it could survive only if it is “closely fitted to the furtherance of any compelling interest asserted.”
In the case of California Christian Univ. v. Weaver, 534 F.3d 1245 (10th Cir. 2008), the 10th Circuit had described Larson, “The First Amendment mandates governmental neutrality between religion and religion …. The State may not adopt programs or practices…which aid or oppose any religion….. This prohibition is absolute.” Larson, 456 U.S. at 246.
Proponents of the Oklahoma amendment had argued that Larson was no longer good law because it is used infrequently, but the 10th Circuit ruled that the Supreme Court had never overturned it, and stated that this rarity “likely reflects that legislatures seldom pass laws that make ‘explicit and deliberate distinctions between different religious organizations’ as contemplated in Larson.”
In fact, the Supreme Court had referenced the rarity of this type of case in Church of the Lukimi Babalu Aye, Inc., v. City of Hileah, 508 U.S. 520 (1993)(“The principle that government may not enact laws that suppress religious belief or practice is so well understood that few violations are recorded in our opinions.”)
The Larson case facts were mild compared to the facts of Oklahoma amendment case. In the Larson case, a Minnesota statute imposed certain registration and reporting requirements on religious organizations that solicited more than 50 percent of their funds from non-members. No specific religious group was identified. But the Oklahoma statute specifically targeted Islam, and was defined in these terms: “Sharia Law is Islamic Law. It is based on two principle sources, the Koran and the teachings of Mohammed.” (SQ 755).
The Oklahoma amendment further instructed the courts to “uphold and adhere to … if necessary the law of another state of the United States provided the law of the other state does not include Sharia Law, in making judicial decisions.” The law did not prohibit Oklahoma courts from upholding laws of any other religion. The Oklahoma amendment also included language that Oklahoma “courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law.”
Because of the lack of Sharia law in Oklahoma, the Court ruled that the harm that the amendment would remedy was “speculative at best and cannot support a compelling interest.” Further, the court said that there was no way to tell whether the amendment would solve any Sharia law problem since “one cannot try on a glove to see if it fits when the glove is missing.”
The Court further found that Muneer Awad, a Muslim who had filed the case, would suffer irreparable injury without the injunction. The court applied on the principle that “[w]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.” Kikumara v. Hurley, 242 F.3d 950. The 10th Circuit also noted that although states can legislate in certain areas (including ballot initiatives), “these granted powers are always subject to the limitation that they may not be exercised in a way that violates other specific provisions of the Constitution.”
The full decision is available here: http://www.ca10.uscourts.gov/opinions/10/10-6273.pdf
CONCLUSION: Certainly, if Islamic law had been imposed, it would be a violation of the Establishment Clause. But without that even being at issue, the Amendment became an excuse to marginalize a religious group.
Has Obama Waged a War on Religion? (NPR)
NPR’s Barbara Bradley Hagerty addresses this question. Here is an excerpt followed by a link to the article:
Americans’ religious liberties are under attack — or at least that’s what some conservatives say.
Newt Gingrich warns the U.S. is becoming a secular country, which would be a “nightmare.” Rick Santorum says there’s a clash between “man’s laws and God’s laws.” And in a campaign ad, Rick Perry decried what he called “Obama’s war on religion,” saying there is “something wrong in this country when gays can serve openly in the military but our kids can’t openly … pray in school.”
Of course, children can pray in school, but Perry is echoing a larger argument: that religious freedom is at risk. The story is much more complicated than either side makes out.
Read more and listen to the radio broadcast at http://www.npr.org/2012/01/08/144835720/has-obama-waged-a-war-on-religion
John F. Kennedy’s Speech Affirming Separation of Church and State
In the months leading up to the election, on September 12, 1960, presidential candidate John F. Kennedy spoke to the Greater Houston Ministerial Association on the issue of his religion. In the weeks leading up to the speech, many Protestants had questioned whether Kennedy’s religious beliefs would preclude him from being objective in the White House. Kennedy’s response that he believed in separation of church and state was an eloquent response to the questions. Fifty years later, they remain relevant. Here is a transcript of what he said:
Rev. Meza, Rev. Reck, I’m grateful for your generous invitation to speak my views.
While the so-called religious issue is necessarily and properly the chief topic here tonight, I want to emphasize from the outset that we have far more critical issues to face in the 1960 election: the spread of Communist influence, until it now festers 90 miles off the coast of Florida; the humiliating treatment of our president and vice president by those who no longer respect our power; the hungry children I saw in West Virginia; the old people who cannot pay their doctor bills; the families forced to give up their farms; an America with too many slums, with too few schools, and too late to the moon and outer space.
These are the real issues which should decide this campaign. And they are not religious issues — for war and hunger and ignorance and despair know no religious barriers.
But because I am a Catholic, and no Catholic has ever been elected president, the real issues in this campaign have been obscured — perhaps deliberately, in some quarters less responsible than this. So it is apparently necessary for me to state once again not what kind of church I believe in — for that should be important only to me — but what kind of America I believe in.
I believe in an America where the separation of church and state is absolute, where no Catholic prelate would tell the president (should he be Catholic) how to act, and no Protestant minister would tell his parishioners for whom to vote; where no church or church school is granted any public funds or political preference; and where no man is denied public office merely because his religion differs from the president who might appoint him or the people who might elect him.
I believe in an America that is officially neither Catholic, Protestant nor Jewish; where no public official either requests or accepts instructions on public policy from the Pope, the National Council of Churches or any other ecclesiastical source; where no religious body seeks to impose its will directly or indirectly upon the general populace or the public acts of its officials; and where religious liberty is so indivisible that an act against one church is treated as an act against all.
For while this year it may be a Catholic against whom the finger of suspicion is pointed, in other years it has been, and may someday be again, a Jew— or a Quaker or a Unitarian or a Baptist. It was Virginia’s harassment of Baptist preachers, for example, that helped lead to Jefferson’s statute of religious freedom. Today I may be the victim, but tomorrow it may be you — until the whole fabric of our harmonious society is ripped at a time of great national peril.
Finally, I believe in an America where religious intolerance will someday end; where all men and all churches are treated as equal; where every man has the same right to attend or not attend the church of his choice; where there is no Catholic vote, no anti-Catholic vote, no bloc voting of any kind; and where Catholics, Protestants and Jews, at both the lay and pastoral level, will refrain from those attitudes of disdain and division which have so often marred their works in the past, and promote instead the American ideal of brotherhood.
That is the kind of America in which I believe. And it represents the kind of presidency in which I believe — a great office that must neither be humbled by making it the instrument of any one religious group, nor tarnished by arbitrarily withholding its occupancy from the members of any one religious group. I believe in a president whose religious views are his own private affair, neither imposed by him upon the nation, or imposed by the nation upon him as a condition to holding that office.
I would not look with favor upon a president working to subvert the First Amendment’s guarantees of religious liberty. Nor would our system of checks and balances permit him to do so. And neither do I look with favor upon those who would work to subvert Article VI of the Constitution by requiring a religious test — even by indirection — for it. If they disagree with that safeguard, they should be out openly working to repeal it.
I want a chief executive whose public acts are responsible to all groups and obligated to none; who can attend any ceremony, service or dinner his office may appropriately require of him; and whose fulfillment of his presidential oath is not limited or conditioned by any religious oath, ritual or obligation.
This is the kind of America I believe in, and this is the kind I fought for in the South Pacific, and the kind my brother died for in Europe. No one suggested then that we may have a “divided loyalty,” that we did “not believe in liberty,” or that we belonged to a disloyal group that threatened the “freedoms for which our forefathers died.”
And in fact ,this is the kind of America for which our forefathers died, when they fled here to escape religious test oaths that denied office to members of less favored churches; when they fought for the Constitution, the Bill of Rights and the Virginia Statute of Religious Freedom; and when they fought at the shrine I visited today, the Alamo. For side by side with Bowie and Crockett died McCafferty and Bailey and Carey. But no one knows whether they were Catholic or not, for there was no religious test at the Alamo.
I ask you tonight to follow in that tradition, to judge me on the basis of my record of 14 years in Congress, on my declared stands against an ambassador to the Vatican, against unconstitutional aid to parochial schools, and against any boycott of the public schools (which I have attended myself)— instead of judging me on the basis of these pamphlets and publications we all have seen that carefully select quotations out of context from the statements of Catholic church leaders, usually in other countries, frequently in other centuries, and always omitting, of course, the statement of the American Bishops in 1948, which strongly endorsed church-state separation, and which more nearly reflects the views of almost every American Catholic.
I do not consider these other quotations binding upon my public acts. Why should you? But let me say, with respect to other countries, that I am wholly opposed to the state being used by any religious group, Catholic or Protestant, to compel, prohibit, or persecute the free exercise of any other religion. And I hope that you and I condemn with equal fervor those nations which deny their presidency to Protestants, and those which deny it to Catholics. And rather than cite the misdeeds of those who differ, I would cite the record of the Catholic Church in such nations as Ireland and France, and the independence of such statesmen as Adenauer and De Gaulle.
But let me stress again that these are my views. For contrary to common newspaper usage, I am not the Catholic candidate for president. I am the Democratic Party’s candidate for president, who happens also to be a Catholic. I do not speak for my church on public matters, and the church does not speak for me.
Whatever issue may come before me as president — on birth control, divorce, censorship, gambling or any other subject — I will make my decision in accordance with these views, in accordance with what my conscience tells me to be the national interest, and without regard to outside religious pressures or dictates. And no power or threat of punishment could cause me to decide otherwise.
But if the time should ever come — and I do not concede any conflict to be even remotely possible — when my office would require me to either violate my conscience or violate the national interest, then I would resign the office; and I hope any conscientious public servant would do the same.
But I do not intend to apologize for these views to my critics of either Catholic or Protestant faith, nor do I intend to disavow either my views or my church in order to win this election.
If I should lose on the real issues, I shall return to my seat in the Senate, satisfied that I had tried my best and was fairly judged. But if this election is decided on the basis that 40 million Americans lost their chance of being president on the day they were baptized, then it is the whole nation that will be the loser — in the eyes of Catholics and non-Catholics around the world, in the eyes of history, and in the eyes of our own people.
But if, on the other hand, I should win the election, then I shall devote every effort of mind and spirit to fulfilling the oath of the presidency — practically identical, I might add, to the oath I have taken for 14 years in the Congress. For without reservation, I can “solemnly swear that I will faithfully execute the office of president of the United States, and will to the best of my ability preserve, protect, and defend the Constitution, so help me God.
U.S. Senator Lieberman Describes Sabbath Observance in New Book
Senator Joseph Lieberman, Independent-Democrat of Connecticut and former vice presidential candidate describes his observance of the Sabbath in his new book entitled, “The Gift of Rest.”
Description: The Sabbath is a gift that Senator Joe Lieberman, as an observant Jew, received from his parents who, in turn, received it from their parents, who received it from generations of Jews before them. According to ancient tradition, the line of transmission extends back to Moses at Mt. Sinai, who received the Sabbath as the fourth of the Ten Commandments. In this book, Lieberman will offer the gift of Sabbath observance—a gift that has anchored, ordered, and inspired his life—to readers of all faiths.
In the past century, the Sabbath has fallen on hard times. It is thought of as just another day or as a time to squeeze in some extra errands or recreation that you may have missed during the workweek. The weekend passes in a blur of often meaningless activity. Combining personal and political memoir with history and broadly informed religious reflection, this book is a practical how-to guide, with simple suggestions for introducing the Sabbath into your own life. It will be a very personal book, yet also one animated by reflections on history and larger social trends. It will also include profound reflections of both classical and modern Jewish sages, from the Talmud and the ancient Jewish prayer book, the Siddur, to Maimonides, to Rabbi Abraham Joshua Heschel and Rabbi Soloveitchik.
For more information:
Mark Kellner, of the Adventist Review, recently interviewed Senator Lieberman.
Senator Lieberman was also interviewed on Fox News.
The Story of a Life by Lincoln Steed (Liberty Magazine)
EXCERPT: Charles Dickens began one of his essentially autobiographical tales by wondering aloud if he would prove to be the hero of his own life. Reality is so dynamic and changeable it is hard for anyone to know where their actions will lead them, or how they will bear up to the challenges of the day or the year.
Those same questions tugged at me recently when I traveled half a world away from our editorial offices in Silver Spring, Maryland, U.S.A., to Australia, to participate in a religious liberty meeting of experts in Sydney, Australia. I left Australia some decades ago as a teenager; and each time I return, the question of what I have made of my life nags at me.
The day I arrived in Sydney I stopped off at Paddy’s Market, where they sell things like kangaroo skins and souvenir hats made in China. It was crowded and noisy, with commerce yelled out in mostly accented English. I found that I was less interested in buying than analyzing the sellers. They struck me as an incredibly diverse group, and I wondered about the story of their lives.
One especially vigorous and vocal Chinese woman caught my attention. “You want to buy souvenir pens?” she pitched. I looked over the products briefly, and asked her where she was from. “I come from Hong Kong,” she answered in a voice still pitched for Mandarin but heavily accented with Australian inflections. “Where are you from?” was her bounce back.
Article18: Afghanistan — The Land that Freedom Forgot; A Profile on Religious Persecution in One of the World’s Most Depressing Nations (Liberty Magazine)
The following excerpt is from an article written by RLTV associate editor and Article18 creator Martin Surridge that appeared in the November/December 2011 issue of Liberty Magazine.
EXCERPT: The sound and smell of motorcycles roaring down a street in Kandahar must have overwhelmed 16-year-old Atifa in the moments before the attack. Before she really knew what was happening, one of the cyclists approached Atifa, her sister Shamsia, and several other girls and threw acid onto their faces. Atifa’s scarf melted into her hair, and 19-year-old Shamsia lost much of the skin on her face and the temporary use of her eyes, swollen shut from the inflammation.
This tragic story, as well as details of other acid attacks on Afghan school girls, was reported by CNN’s Atia Abawi in January of 2009. Stunned observers around the world learned that the religious extremism in Afghanistan was more violent than many had thought possible. Despite the forty-fourth article of the Afghan constitution specifically promoting the education of women, many Islamists still hold the hard-line views of the Taliban, which from 1996 to 2001 banned even basic female education for being un-Islamic.
Afghanistan has been called a failed state—a nation incapable of governing itself adequately. It is a land marked by systematic corruption, widespread human-rights abuses, and continual violence. Landlocked in the mountains of central Asia and highly dependent on the export of heroin, Afghanistan has been gripped by war, civil unrest, and terrorism for nearly a century. Instead of improving, things there seem only to be getting worse.
Since regaining its independence from the British in 1919, Afghanistan has ousted kings and generals. The country endured and then resisted Soviet occupation in the 1980s, and suffered through a lengthy civil war. The civil war facilitated the rise of the Taliban, who gained power after storming the presidential palace in the capital city of Kabul in September 1996.
Read the full article on the Liberty Magazine website
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Article18 is a weekly blog written by Martin Surridge, Associate Editor of Religious Liberty TV. Article18 logo and other artwork created by Bradley Kenyon.
Don’t forget to check out other recent Article18 entries.
Article18: Norway — Personal Reflections on the Origin of a Tragedy
Vatican Radio – Full Text: Note on financial reform from the Pontifical Council for Justice and Peace
The full text of the document released earlier today.
http://www.radiovaticana.org/EN1/Articolo.asp?c=531752
America the chosen nation – LA Times.com Opinion
Excerpt:
“Presidential candidates feel no shame in asserting divine purpose in U.S. policies and actions. In this ubiquitous view of American exceptionalism, the nation is not bound by rules to which others must submit.”
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