May 25, 2013

October 8, 2012


Misusing the Pulpit for Legal and Political Ends

Prominent theologian and Baptist pastor Wayne Grudem has taken to the pages of the Christian Post to explain why he participated in the Alliance Defending Freedom’s Pulpit Freedom Sunday. The ADF has gotten 1500 pastors across the country to agree to endorse a presidential candidate this Sunday, and then send their sermons to the IRS, challenging the taxman to come after them so that they can challenge the prohibition on partisan political activity by churches and other 501(3)(c) charitable organizations. It is a profoundly misguided effort.

Grudem writes:

This action is in violation of the 1954 “Johnson Amendment” to the Internal Revenue Code, which prohibits tax-exempt organizations like churches from endorsing any candidate by name. But in our nation, a higher law than the IRS code is the Constitution, which forbids laws “abridging freedom of speech” or “prohibiting the free exercise” of religion (First Amendment).

I fully understand that many pastors might never want to endorse a candidate from the pulpit (I have never done so before and I might never do so again). But that should be the decision of the pastors and their churches, just as it was in 1860 when many pastors (rightly) decided they had to tell citizens to vote for Abraham Lincoln in order to end the horrible evil of slavery. When the government censors what pastors can preach, I think it is an unconstitutional violation of freedom of religion and freedom of speech.

Because tax regulations cannot be challenged in court unless someone is first found in violation by the IRS, it seems to me that intentionally disobeying for the purpose of bringing the issue into the court system is a way of being “subject to the governing authorities” as Rom. 13:1 tells us to do. This is the only way under our “governing authorities” that a tax law can be challenged in court for being in violation of our Constitution.

I agree with Grudem that the Johnson Amendment is unconstitutional, a blight on the First Amendment’s freedom of speech clause if not the religious liberty clause as well. If a given religious organization wishes to endorse a political candidate, they should be free to do so without suffering some kind of penalty from the state.

That being said, pastors should not have gotten involved in this. It’s true that you can’t bring a court case on an abstract question, but have to have real people with real interests involved, but that’s ADF’s problem. Pastors who are getting into partisan politics in the pulpit are abusing their office and their calling. Preach about moral issues in light of Scripture and theology all you want, but when you get partisan you wind up portraying God as a mere politician. In addition, you imply that God is comfortable making a choice between the “lesser of two evils” (which is always, to some extent, what politicians embody, given human sinfulness) The compromises that are a necessary evil in human politics do not reflect the way God works, and the lies and half-truths which dominate so much of political discourse in America are revolting in His sight. None of that is to say that He doesn’t use human government, leadership, and even politics to work His will, but we don’t have any special insight into what that will is regarding personalities or prudential policies, and shouldn’t offer them from the pulpit as if we did.

Be engaging in this kind of behavior we also, incidentally, implicitly buy into the fallacy of the religious left (which contends that they have some kind of mandate to stamp God’s imprimatur on to prudential political, social, and economic measures), since choosing between political candidates is by its very nature a matter of prudential judgment. That’s something that all Christians are called to do if they live as citizens of a democratic polity, but it has no place in the setting that is supposed to be centered on the proclamation of God’s eternal Word. By helping the ADF pursue their legal crusade, these pastors are doing an enormous disservice to their congregations, and the ADF is doing one to the churches that it is supposed to be dedicated to serve.

PS—Erik Stanley of the ADF writes at Townhall:

[P]astors who participate in Pulpit Freedom Sunday are not engaging in a “political crusade.” Instead, they are simply applying Scripture and theological doctrine to the positions held by the candidates running for office. Pastors have been applying scriptural teaching to circumstances facing their congregations for centuries. This is not “political” speech. Rather, it’s core religious expression from a spiritual leader to his congregants. That kind of expression is at the very center of the freedom of speech and religion protections in the First Amendment.

From a legal standpoint, I would agree with him. The Johnson Amendment is an unconstitutional abridgment of churches’ and pastors’ right to free speech. But the point is that it is a legal question. As a pastor, if I felt that the state was seeking to prevent me from speaking my mind in a way that had biblical and theological integrity, I would say my peace anyway, and let the chips fall where they may—we were guaranteed persecution for our fidelity to the gospel, after all. But from the standpoint of the gospel, the endorsement of political candidates is no more a “core religious expression” than the National Council of Churches telling the federal government exactly what constitutes “just” tax rates or a “just” approach to funding levels for Head Start. I have my own opinion about whether Mitt Romney or Barack Obama would be a better president over the next four years, but I have no biblical basis for declaring one man superior to the other (especially since both take at least one position that I think is repugnant to Scripture). If the ADF wishes to challenge the Johnson Amendment, fine–find a Muslim imam, since Islam has no problem intertwining religion and state. But leave Christian pulpits out of it.


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11 comments

To say the Jesus is Lord in the 1st Century was a political statement.  Caesar was lord and to say otherwise was treason.  Likewise the Christian worldview is at odds with politicians who espouse a non-christian worldview.  An example is abortion.  Can you be silent in the pulpit and endorse by silence politicians who support abortion?  To be is Christian is to oppose the politics of the world.  You may choose on which politics to preach, but if you believe that your Christianity has no place in the voting booth, then maybe preaching is not the place for you.

[1] Posted by Br. Michael on 10-8-2012 at 02:47 PM · [top]

David—I may agree with you theoretically, but I don’t agree with you practically.  The chilling effect of the supposed federal “ban” on saying anything politically partisan in church is substantial.  We represent the local Catholic diocese as attorneys, and we are constantly having to review fliers or other materials that parishes want to distribute to parishioners to see whether they “cross the line” or not.  And the line is not that easy to discern in many cases.  For example, a “candidate comparison” brochure may cross the line even if it accurately covers all candidates and states no preference for any of them, if it just lists the candidates’ positions on hot button religious items such as abortion, stem cell research, physician assisted suicide or the like.  How many “other” issues must be included in the summary to pass IRS muster?

The bottom line is that the IRS restriction substantially inhibits the right of pastors to speak the truth from the pulpit because of the fear of crossing the line.  That is not right, but now we have multiple generations of pastors believing there are all sorts of things they cannot say because it will get themselves and the church in legal trouble.  And it is heightened by the fact that in many areas, the “strict separationists” have their members attend church services, ready to report any infraction to the IRS.  A bit like the Gestapo, isn’t it?

From my viewpoint as an attorney, the IRS prohibition is clearly unconstitutional.  From the “progressive” viewpoint, they believe that churches may be freely taxed and being given a tax exemption is a matter of legislative grace which then puts churches under IRS regulation.  But folks forget that churches were exempt from government taxation long before there ever was an Internal Revenue Code, as part of the traditional recognition that they cannot be taxed under the First Amendment.  That is why churches are automatically granted tax-exempt status, unlike other organizations that have to file an application for such treatment and be individually approved by the IRS.

“Separation of Church and State” cuts both ways, and the progresses have conveniently forgotten that.  As stated by the U.S. Supreme Court in upholding exemptions for churches, “[exemption] restricts the fiscal relationship between church and state, and tends to complement and reinforce the desired separation insulating each from the other.” In the same case, the Supreme Court also said that “the power to tax involves the power to destroy.”

I frankly think it is time for the churches to challenge this and get it declared unconstitutional by the courts.  Then they can make up their own minds as to what they will or will not preach from the pulpit, but at least they can do so without fear of prosecution by the federal government.

[2] Posted by Jim the Puritan on 10-8-2012 at 03:32 PM · [top]

I totally agree with Jim.  The long arm of the government needs to be removed from the pulpit.  While I too agree in theory with your statements, David, the time has come to push the envelope.

It is bad enough when some members of the congregation would seek to keep a priest from speaking out on clear issues such as the right to life but when Uncle Sam does it, someone needs to put him in his place.

[3] Posted by Jackie on 10-8-2012 at 03:39 PM · [top]

An interesting thing which I have noted for years is that predominantly black churches seem to have no qualms about hosting political candidates and having them speak from the pulpit.  Leading me to believe that the pastors of these churches must speak of political matters as they see fit.  So I don’t really understand why pastors in predominantly white churches usually feel they should avoid political topics.  If one category of churches is treated differently, there is something wrong with the system.  Whereas I do not think that the job of Christian pastors is to preach politics from the pulpit, neither should they avoid the topic if a candidate is espousing non-Christian beliefs, such as abortion or gay marriage.

[4] Posted by old lady on 10-8-2012 at 03:57 PM · [top]

Br. Michael: Of course my Christian faith has a place in the voting booth, a big place. Why does that mean that partisan politics has a place in the pulpit?

Jim: I understand your dilemma, and it’s part of the reason why I agree that the Johnson Amendment needs to be repealed. And I have no problem with churches mounting a challenge. But misusing the pulpit in order to make a legal point is an illegitimate use of something that does not belong to us, but God. As for the “strict separationist Gestapo,” these people are even lower–they are like the informers who ratted out dissidents to the Gestapo.

Jackie: If members of a congregation are keeping pastors or priests from speaking on the right to life, they need to be informed of the actual state of the law.

Old lady: The double standard is a good reason why the Johnson Amendment needs to be scraped. The IRS has way too much discretion to make life difficult for those who attract its attention, while favored classes get a pass.

[5] Posted by David Fischler on 10-8-2012 at 04:53 PM · [top]

Politics and Religion are a fact of life.  There aren’t too many stories in the Bible that don’t deal with both.  The Jewish high priest Caiaphas was more than willing to have Jesus put to death in order to keep the peace with the Roman occupiers.

I agree with Jackie on the importance of this election.  America is part of God’s providential plan for mankind, because America, as founded, is the best manifestation of God’s natural law for mankind which says in part that God grants us life, liberty, and the pursuit of happiness.  The inspired witness of God is manifested in the founding documents of this country and in the countless essays and prayers that were composed during the birthing process.

So, in the pulpit, we can remind ourselves about what follows from our walk with Christ.  A genuine care for the sanctity of life, our freedom of religion, our need to take care of our brother from the depths of our heart, and much more.  When confronted with these truths, the faithful Christian should readily grasp what is required of him or her on election day.

[6] Posted by Capt. Father Warren on 10-8-2012 at 06:20 PM · [top]

Capt. Father Warren: I agree completely!

[7] Posted by David Fischler on 10-8-2012 at 07:52 PM · [top]

Yeah.  It’ll be interesting to see what happens if Romney gets elected.  Every so often, he’ll offer his ‘insight’ that Mormonism is a form of Christianity, and the good pastors will be scrambling to do damage control.  The thing about the presidency, is that there is a prophetic element to it.  People look to you as a prophet when you say stuff like that, even if you aren’t.

[8] Posted by J Eppinga on 10-9-2012 at 05:49 AM · [top]

Just to give some oblique support to David’s position, I am noticing several of my more, um, progressive clergy friends on fb up in arms about being constrained from preaching politics.

The more it is preached, to more incoherent the Gospel becomes.  Christianity becomes a bunch of noise resembling the opinions in the pews rather than a proclamation of the divine Word from the pulpit.

And we expend too much moral capital opining on too many issues.  There are a few, like abortion, that go beyond “public policy” and about core values the must be addressed.  But we really get tied up in too many others that, as David said, cannot be firmly resolved from the Bible.  They are human opinions, no matter how well thought out.

[9] Posted by Timothy Fountain on 10-9-2012 at 02:55 PM · [top]

I’m grateful I attend a church where the rector does his best to keep partisan politics out of the pulpit. That having been said, I fail to see how the Johnson Amendment passes constitutional muster.

[10] Posted by the virginian on 10-9-2012 at 03:57 PM · [top]

Can I agree…and disagree?  I support ADF and appreciate what they are doing.  There is no doubt that the current law has a chilling effect on pastors, if for no other reason than it encourages people who don’t want anything “political” said from the pulpit.  Generally, people have very gnostic ideas about Christianity, and their politics amounts to “what’s in it for me?”  That said, I have never endorsed a candidate from the pulpit.  I have in conversations and classes, but not in the pulpit.

People just don’t understand, really, how we get from the Bible to life, liberty, and the pursuit of happiness. People don’t understand why socialism is a Babel Project.  People think they are doing what Jesus would do when they ask government to do any number of things that should happen, but not by government.  A sermon should of course start with a TEXT (the Bible, I mean).  It should say, this text teaches us “this” about God, and “this” about man, in general and specific ways.  Does the doctrine of Creation lead to private property, and how does that fit with “you shall not steal,” and isn’t a policy that takes billions from taxpayers and gives it to cronies theft…and now that we know its theft, how should a believer respond?  If a sermon doesn’t deal with specifics, what does? 

A Christian should vote based on policy and character.  A preacher should teach, based on actual texts of Scripture (not pretexts), policy and character.  Should a preacher endorse a specific candidate…I haven’t…yet.  If I ever did/do, I hope I make it clear that we should support this or that by its alignment with God’s Word (policy and character implications), and not just because of party.

[11] Posted by Theron Walker✙ on 10-9-2012 at 04:26 PM · [top]

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