The Religious Right’s Campaign to Deregulate Campaign Finance Law
Five years ago, the Corporate Right struck a major blow to the integrity of the American electoral system. The Supreme Court’s Citizens United decision unleashed an unprecedented amount of money from private corporations into national, state, and municipal elections. Now, the Religious Right is seeking to make their own breakthrough—a free-flow of campaign dollars to public candidates through tax-exempt churches.
Pulpit Freedom Sunday is an event organized by Alliance Defending Freedom (ADF), a right-wing Christian legal group based in Scottsdale, Arizona. The event—which takes place annually during the lead up to Election Day—is part of the Right’s ongoing opposition to campaign finance laws that reduce the exorbitant influence of money in politics, and a significant threat to the maintenance of fair elections.
Beginning in 2008, ADF began recruiting pastors to defy the Johnson Amendment, which prohibits tax-exempt organizations (including religious institutions claiming such status) from endorsing or opposing political candidates. ADF encourages pastors to protest these restrictions, assuring them that participating churches will be provided with free legal defense should the IRS threaten to revoke their tax-exempt status. Last year, over 1,500 pastors from across the country joined in.
The explicit goal of Pulpit Freedom Sunday is to have the 1954 Johnson Amendment declared unconstitutional.
Rev. Steven Baines of Americans United for the Separation of Church and State, explains why this is problematic and risky for the maintenance of church/state separations: “Basically what you’re doing when you endorse a candidate from the pulpit is you’re flowing thousands of dollars of non-taxed money to political parties. … They are turning houses of worship into political action committees without risking that taxable income.”
It’s an effective strategy, and one that is gaining popularity. In a September 2014 report, Pew Research revealed that “a growing share of the American public wants religion to play a role in US politics … [and that] churches and other houses of worship should express their views on social and political issues.” According to Pew, between 2012 and 2014, the percentage of Americans subscribing to this view increased from 40 to 49 percent.
Building on the Christian persecution narrative, ADF argues that churches are “being silenced across America.” They warn that “pastors are being censored, the proclamation of God’s Truth is being blocked, and churches are being discriminated against and threatened with punishment. … [O]ur most fundamental freedoms—freedom to exercise religious beliefs, freedom of speech, and freedom of access—are being stripped away at an alarming rate.”
Participating in the annual event in 2012, Bishop Harry Jackson declared to his 3,000-member church in Beltsville, Maryland, “Today we violate our IRS regulations because we believe we need a free pulpit.” He then went on to outline the myriad reasons he would not be voting for Barack Obama on Election Day.
The IRS, however, has yet to take the bait. According to ADF, “[T]he IRS has not punished or censored any pastor or church who has participated in Pulpit Freedom Sunday.”
But not all churches have evaded prosecution. In 1995, the constitutionality of the Johnson Amendment was put to the test in the case of Branch Ministries Inc. versus Rossotti. During the 1992 presidential campaign season, the Church at Pierce Creek (essentially a subsidiary of Branch Ministries) took out an ad in a few national papers saying, “Christian Beware: Do not put the economy ahead of the Ten Commandments.” It asserted that Governor Clinton supported abortion on demand, homosexuality, and the distribution of condoms to teenagers in public schools. The advertisement stated, “Bill Clinton is promoting policies that are in rebellion to God’s laws,” and concluded with the question: “How then can we vote for Bill Clinton?”
In the fine print at the bottom of the ad it also said, “Tax deductible donations for this advertisement gladly accepted. Make donations to: The Church at Pierce Creek.”
American United protested this blatant misuse of the church’s non-profit tax-exempt status, and in 1995 the IRS revoked their permit. The American Center for Law & Justice—a right-wing legal advocacy group—filed suit, but Judge Paul Friedman ultimately upheld the IRS’s ruling, rejecting the plaintiff church’s allegations that it was being selectively prosecuted because of its conservative views and that its First Amendment right to free speech was being infringed.
The court wrote: “The government has a compelling interest in maintaining the integrity of the tax system and in not subsidizing partisan political activity, and Section 501(c)(3) is the least restrictive means of accomplishing that purpose.”
But Christian conservatives maintain that their rights—rather than the integrity of the tax and electoral systems—are under attack, and in addition to goading the IRS with their Pulpit Freedom Sunday antics, they are attempting new strategies to eliminate the “threat” of the Johnson Amendment. In January 2015, Rep. Walter Jones (R, North Carolina) introduced legislation that aims to “restore the Free Speech and First Amendment rights of churches and exempt organizations by repealing the 1954 Johnson Amendment.”
When Jones introduced the same legislation in 2013, the editorial board of the LA Times responded with an op-ed astutely saying, “Far from needing to be repealed, the ban on politics in the pulpit ought to be enforced more aggressively.” Jones’ legislation, they argue, is misleading. “Churches may have a 1st Amendment right to endorse candidates, but there is no constitutional right to a tax exemption.”
Should ADF, Rep. Jones, and other proponents of the unrestricted use of untaxed money succeed, like with the Citizens United decision—which eliminated campaign spending restrictions for private corporations—repealing the Johnson Amendment would open the campaign funding floodgates. And once again, the tidal wave of new money into our public electoral system would be inscrutable by voters.
Among other things, churches would be free to function as illicit funnels for political giving. As Matthew Bulger of the American Humanist Association explains, “If a donor gives to a church, with an understanding that the donated funds will go to a specific political candidate, that original donor can receive a tax deduction for giving money to a church and keep his political donations anonymous. Meanwhile, if this donor gave money directly to the candidate those funds wouldn’t be tax-deductible, and the donor would be noted in public records as a supporter of that candidate.”
Restricting the political uses of tax-exempt money doesn’t persecute Christians—it helps preserve democracy.
**To learn more about the Religious Right’s efforts to deregulate campaign finance reform, check out the new report published this week by Common Cause—Unlimited and Undisclosed: The Religious Right’s Crusade to Deregulate Political Spending.