Pulpit Politicking: Why It's Not A Free-Speech Issue
Rob Boston printable version print page     Bookmark and Share
Tue Jul 01, 2008 at 01:37:52 PM EST
Americans United for Separation of Church and State has recently received calls from a couple of Minnesota pastors who are convinced they have a constitutional right to engage in partisan politics from the pulpit, including telling which candidates to vote for or against.

These pastors sounded sincere, and they were very polite when they called - but they are still wrong.

This issue arose in Minnesota recently after Pastor Gus Booth of the Warroad Community Church delivered a sermon telling congregants that they could not vote for Barack Obama or Hillary Clinton. (Clinton was still an active candidate at the time.)

Booth publicized the sermon, providing copies to a local paper and the Minneapolis Star-Tribune. He also sent information about it to Americans United, essentially urging us to report him to the Internal Revenue Service, which we did.

Booth says he has a free-speech right to tell people which candidates to vote for or against. He's wrong, The free-speech argument has already been presented in federal court, where it failed.

On May 12, 2000, the U.S. Court of Appeals for the District of Columbia ruled unanimously that the Internal Revenue Service acted properly when it revoked the tax-exempt status of the Church at Pierce Creek, a New York congregation that, just before the 1992 election, placed a full-page ad in USA Today advising people that voting for Bill Clinton was a sin.

In court, the church was defended by attorneys with TV preacher Pat Robertson's American Center for Law and Justice. Robertson's legal team pretty much threw a kitchen sink full of arguments at the court, including a free-speech claim. All were rejected.

"Nor does the Church succeed in its claim that the IRS has violated its First Amendment free speech rights by engaging in viewpoint discrimination," observed the court. "The restrictions imposed by section 501(c)(3) are viewpoint neutral; they prohibit intervention in favor of all candidates for public office by all tax-exempt organizations, regardless of candidate, party, or viewpoint."

What the court is saying here is that all tax-exempt groups holding 501(c)(3) status must play by the same rules. Tax exemption is a benefit, and it comes with conditions. One of those conditions is a ban on partisan politicking. An organization that does not like this condition is free to give up tax exemption.

These rules are not designed to squelch free speech. Rather, they exist to protect the integrity of tax-exempt entities. A church, a charity or an educational nonprofit gets tax exemption. A partisan political operation does not. It's that simple.

The Alliance Defense Fund, a right-wing legal group founded by a collection of Religious Right honchos, is urging pastors to violate the IRS standard during sermons delivered on Sept. 28. It's easy for the ADF to advocate this since its own tax exemption won't be put at risk by this reckless action.

On its Web site, the IRS gives examples of what the heads of non-profits can and can't do in this area. Consider this one: "Chairman D is the chairman of the Board of Directors of M, a section 501(c)(3) organization that educates the public on conservation issues. During a regular meeting of M shortly before the election, Chairman D spoke on a number of issues, including the importance of voting in the upcoming election, and concluded by stating, `It is important that you all do your duty in the election and vote for Candidate W.' Because Chairman D's remarks indicating support for Candidate W were made during an official organization meeting, they constitute political campaign intervention by M."

Substitute Pastor Booth for "Chairman D" and Warroad Community Church for "M," and you see the problem.

I'm sure the ADF will plow full-steam ahead with its misguided plan this September. After all, it's good for fund-raising and gets the group's name in the papers. It's too bad that when the IRS decides to crack down, some polite ministers from Minnesota will be the ones to take the fall.




Display:
Rob,

Very good article. A few weeks ago, I was talking with some atheists. The topic got around to "pulpit politics". My contention was that a minister could go ahead and encourage his/her congregation to vote as long as they did Not endorse a particular candidate or party. I was informed that this was unacceptable and that Americans United had said it was. When I asked for a specific reference, the best that my opponents could come up with was that they had "heard it somewhere". You've gone a long way towards clearing that up. I do, however, have some questions for you if you don't mind.
1.) What about voter registration drives and even carpooling to voting places if done as a civic service and not as a means of political endorsement?
2.) If I, as a minister, tell my congregation "this election is very important. I encourage you all to get out and vote your conscience" could this be construed as violating the IRS rules?
I have a great deal of respect for you and Reverend Bruce Prescott and I would like to hear your thoughts on the matter.

by Frank Frey on Tue Jul 01, 2008 at 03:30:58 PM EST

1.) What about voter registration drives and even carpooling to voting places if done as a civic service and not as a means of political endorsement?

Not a problem. Lots of churches do these things. It's perfectly fine civic engagement.

2.) If I, as a minister, tell my congregation "this election is very important. I encourage you all to get out and vote your conscience" could this be construed as violating the IRS rules?

No -- not as long as no candidates are named.

by Rob Boston on Tue Jul 01, 2008 at 03:52:15 PM EST
[ Parent ]

It is really amazing at times the amount of mis-information that is bandied about by both sides of the issue. Again, thanks for clearing that up.

by Frank Frey on Tue Jul 01, 2008 at 04:34:46 PM EST
[ Parent ]
if in doubt, go to the IRS website or call the IRS to have the rules spelled out for you.  I am glad you are asking, but I am also kinda shocked that you have a tax status that you don't understand.  I don't think you're alone in that unintended ignorance, but it is scary to realize how much people don't understand about the very laws they are using to their benefit.  Civil marriage is another in this category.

by Laurel on Tue Jul 01, 2008 at 11:03:53 PM EST
[ Parent ]
...it's not my tax status as I do not belong to any church anymore. I simply wanted to get some issues clarified that I'm not all that familiar with. BTW, you're right about Civil Marriage. What a morass of lies, ignorance, and downright fear.

by Frank Frey on Wed Jul 09, 2008 at 04:06:28 PM EST
[ Parent ]





In 2004, All Saints Episcopal Church in Pasadena CA got investigated because a Sunday-before-election guest preacher gave a sermon in which he basically said, both candidates are falling down on the job in regards to some of the "issues" named by Jesus in the Sermon on the Mount and elsewhere, namely war (Kerry voted yes, Bush started the thing), feeding the hungry, etc. "Vote your values" for imperfect candidates with imperfect approaches, and you'll have to figure that out on your own.

It sounded even-handed to me, as both named candidates were dissed in the same proportion. Someone objected to the IRS, who eventually dismissed the case.

Specific secular problems were noted, and some would point to the choice of problems / issues (war, hunger, illness) as partially favoring the "bleeding heart liberals".  As I understand it, mentioning issues without promoting parties or candidates is permissible under 501c3 status. The Roman Catholic bishops are using the problem-oriented pre-election sermon to preach against abortion and homosexuality and to imply that voters who ignore those issues are courting or committing mortal sin. No names, just issue choices. I'd assume that the RCC approach is just as permissible under 501c3 status, though the RCC style is more authoritarian than Episcopal style. So issue choice is highly political.

For ministers out there, this pew-sitter adds the opinion that a lot of congregants get irritated and often oppositional when pre-election sermons get blatantly political. They have been submitted to ads 24/7 for months and don't want another one.  The congregation is likely divided in political opinion. A lectionary based sermon is just fine, keeps sanity and the peace.

by NancyP on Tue Jul 01, 2008 at 06:50:26 PM EST

not because of the issues, but because someone filed a complaint, and the IRS rigthtly did due diligence and pursued the matter. In the end, nothing came of it. As with most such "investigations" no matter how much the church in question howls.  The IRS is more of a teacher than an enforcer, although that may change.

As for evenhandedness, in fact there were more than two candidates on the ballot. A plague on both of their houses and vote Green? Or Libertarian?

The church does not get to decide what is even handed.  There is a period of what is called strict scrutiny 90 days before an election. All Saints should have known better.

by Frederick Clarkson on Tue Jul 01, 2008 at 09:22:09 PM EST
[ Parent ]



I'm not interested in hearing my pastor's view of the issues, and I consider issue-based sermons on current events more of an invasion of what for me is, or should be, a sacred sanctuary for worship, a place to share an experience of gratitude and to be inspired to love more deeply, more broadly.

Today's church experience and contemporary church leadership seem to have lost sight of their most meaningful purpose - that of providing spiritual sustenance. It's no wonder mainline churches are dwindling in membership - they've become just another stump in a forest of stumps.

by Vesica on Wed Jul 02, 2008 at 11:44:52 AM EST

Highly political conservative churches are growing at an astounding rate. So much so that we have invented the rather silly, but sadly accurate term, megachurch for many of them. Therefore, either politics is irrelevant to a church's success, or, the mainline churches are not preaching the right politics to bring in the customers and bring in the bucks.

by Dave on Wed Jul 02, 2008 at 05:39:35 PM EST
[ Parent ]
Dave, I wasn't putting forth an "argument," and the only "fact" I stated was that the old mainline church memberships are dwindling.

By many count.s the retreating members are doing one of two things - leaving the church community altogether or trading in for the more highly charged emotional experiences of the charismatic wing of Christianity.

Most surveys suggest that the level of the "nonaffiliated" is rising at about the same growth rates as these nondenominational megachurches.

My view is that it is not their failure to be political, but rather their failure to inspire a sense of community.

by Vesica on Thu Jul 03, 2008 at 02:14:54 PM EST
[ Parent ]





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