Clergy can preach, but not endorse

By The Rev. BARRY W. LYNN

WASHINGTON, D.C. — Houses of worship exist to fill spiritual needs and bring people closer to God. But many offer much more: Their soup kitchens provide meals to impoverished families, they give counseling to couples and they sponsor youth groups, among other endeavors.

But one thing churches should never do is act as political brokers. Put simply, handing down a list of candidate endorsements is not the role of our faith communities. Clergy have no business acting like party bosses.

Federal law bars tax-exempt organizations, whether they are religious or non-religious, from intervening in politics by endorsing or opposing candidates.

Recently, the Alliance Defense Fund, a legal organization formed by far-right television and radio preachers, announced that it is urging pastors to violate this law by endorsing candidates from the pulpit on Sunday, Sept. 28.

This scheme could not be more reckless and misguided. As a member of the clergy, I am appalled that any organization would encourage religious groups to blatantly break the law for its own ends. But beyond that, the campaign shows a dangerous ignorance of tax law and why it says what it does.

Tax exemption is a benefit, not a right. Religious groups and charities collect billions in donations every year, all of it tax free. The ability to avoid paying taxes on that money, not surprisingly, comes with conditions. The “no-electioneering” rule is only one of many.

The ADF and groups like it claim that the IRS regulation is a violation of free speech and freedom of religion. It’s not. Clergy who want to wade into electoral politics are free to surrender their congregation’s tax exemption. They can also, as individuals, speak at non-church events and express their candidate preferences there.

Court tested

This portion of federal tax law has already been tested in court. In 2000, a federal appeals court unanimously upheld the “no-electioneering” rule, finding that a New York church did not have a constitutional right to buy newspaper ads opposing a presidential candidate. The three judges who made the ruling were far from “judicial activists”; in fact, all of them were Reagan appointees.

TV preacher Pat Robertson’s Christian Broadcasting Network and the late Jerry Falwell’s Old Time Gospel Hour both had their tax exemptions revoked and were assessed large cash penalties for partisan politicking. If the IRS rules were legally shaky, you can bet these mega-bucks ministries would have challenged them.

Religious Right activists say this provision of federal tax law prevents religious leaders from talking about social or moral issues from the pulpit. In fact, only support or opposition for candidates is restricted. As long as clergy do not do that, they may discuss issues freely. In fact, many do so, speaking out on both sides of matters like same-sex marriage, abortion, poverty and the environment.

Most religious leaders have no problem abiding by these reasonable rules. But a small minority, goaded by the Religious Right, insists on dragging partisan politics into the pulpit. The appropriate vehicle for that type of activity is a political action committee, not a house of worship.

The American people recognize this distinction. A recent poll by the Paul B. Henry Institute for the Study of Christianity and Politics found nearly 60 percent of respondents opposing pulpit-based partisan politicking. Even most evangelicals said they oppose it. Americans understand that people go to church to connect with God, not to take part in a political convention.

Houses of worship exist to save souls, not save some politician’s campaign. The American people have not asked for, and do not want, their clergy to issue orders on how to behave in the voting booth.

For legal, ethical and moral reasons, pulpit-based politicking is a bad idea. America’s religious leaders should reject church electioneering schemes.

X The Rev. Barry W. Lynn is executive director of Americans United for Separation of Church and State (www.au.org), a nonprofit educational organization that protects separation of church and state by working on a wide range of pressing political and social issues. Distributed by McClatchy-Tribune.