I have to be honest with you: I think all the hubbub about the Johnson Amendment is much ado about, essentially, nothing – or at least about nothing essential. So unlike some conservatives, I wasn’t particularly upset over the fact that President Trump’s recent executive order did not indicate movement toward abolishing this component of the tax code.
The Johnson Amendment is the provision that precludes 501(c)(3) nonprofit organizations from endorsing or opposing political candidates. Some conservatives have long sought the repeal of this limitation – particularly as it applies to churches – because they think it improperly interferes with the ability of pastors and other church leaders to speak out about public policy issues and upcoming elections.
Without a doubt, the church in America has grown timid in addressing the hot-button topics that confront our culture and ultimately end up in the public policy arena. Some of this timidity may stem from misconceptions about the Johnson Amendment, or from concerns that some Christian-hating IRS official will interpret it to preclude the kind of scriptural teaching on difficult issues that that the world desperately needs the church to be doing.
But the fact of the matter is, the Johnson Amendment, properly interpreted, does not infringe upon the ability of religious leaders to address political, social and legislative issues from the pulpit, to teach the Scriptures pertaining to current cultural debates, or to discuss the importance of civic engagement. Organizations like Alliance Defending Freedom and Liberty Counsel provide churches and religious non-profits with detailed guidance assuring them that they can engage in all the raging issues of our time without losing their tax-exempt status.
A review of those resources reveals that the scope of activity actually restricted by the Johnson Amendment is, in fact, extremely narrow. The law only prohibits non-profit organizations from engaging in campaigning activities: endorsing or opposing political candidates, assisting with their campaigns, or making contributions to them.
So why all the commotion? Does anyone really think that the best way the church can engage our culture is through political campaigning? I submit that what America needs, instead, is a church that faithfully and unflinchingly teaches the faith, and not some modernized, Americanized, more culturally palatable version of it.
I think the sad truth is that repealing the Johnson Amendment would do little to achieve that, because I think the church’s reticence results more from concern over loss of its popular appeal than its tax-exempt status. Many churches – entire denominations, even – have simply gone the way of the world, embracing cultural trends even when it means shunning doctrinal precepts, retaining happy pew-sitters even when it means jettisoning Absolute Truth.
Church members don’t need pastors or priests to tell them to vote for Candidate X and not for Candidate Y. What they do need is to hear what God has to say about the value of human life, work, the role of government in society, the institution of marriage, and every other aspect of life. They need straight talk about the teaching, authority and relevance of the Scriptures. They need to be challenged to live in accordance with their faith, even when doing so is hard and invites persecution. This kind of faithful instruction will impact church members’ choices on Election Day. And none of it is prohibited under the Johnson Amendment.
Bearing these convictions in mind, I applaud President Trump’s “Executive Order Promoting Free Speech and Religious Liberty,” despite its status quo approach to the Johnson Amendment. The order makes it clear that religious nonprofits are protected in all non-campaigning activities. It also recognizes that “Federal law protects the freedom of Americans and their organizations to exercise religion and participate fully in civic life without undue interference by the Federal Government.” And it proclaims that “The executive branch will honor and enforce those protections.” This is a refreshing change from the dubious commitment to our First Freedom demonstrated by the last administration.
Eventually, the Johnson Amendment should be re-worked to eliminate over-breadth and all possibility of misinterpretation. It should preclude only financial contributions to political campaigns, because when it comes to the words spoken from a pulpit, pastors should be accountable to God alone.
But for now, I believe our nation’s churches have plenty of work to do in fostering authentic, biblical faith and proclaiming the Truth that transforms hearts and minds. Against such things, there is no law. The church in America today is without excuse. It just needs to find the courage to use the freedom it already has.
