Abolish the Johnson Amendment?

In a recent editorial (“IRS Should not Enforce Silence from the Pulpit“), the Boston Globe gave a nuanced and thoughtful (if brief) critique of the current state of the law. And, in fact, I agree with their position.

As I (and the Globe) see it, the problem with the so-called “Johnson Amendment” which prohibits churches and other tax-exempt groups from specifically endorsing candidates is not that the law exists, but in how it is enforced by the IRS.  In fact, it’s a bit of a morass, with varying standards applied in various cases with varying degrees of zeal on the part of the IRS’s representatives.

As a minister, I do not specifically endorse (or condemn) candidates from the pulpit. (Although, I doubt anyone is in the dark about my political leanings!)

On the other hand, I have known of ministers who have condemned (or endorsed) specific political candidates from the pulpit in various ways, and I feel – even if it were allowed by the law –  this is a seriously flawed approach, from many different points of view.  I have even known ministers who have allowed campaigning politicians to give speeches from their pulpit, in clear violation of the Johnson Amendment.

Aside from the very clear “First Amendment” issues (regarding both Separation of Church and State and Freedom of Speech), I see such endorsements as a Pastoral failure: it is insensitive and dismissive, if not blind to, the feelings and experience of many who are in our congregations.  Ministers who make such a stand often find themselves in hot water with their congregations for precisely that reason, and rightly so.

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