The Johnson Amendment and the Silencing of our Churches | Eastern North Carolina Now

    The Johnson Amendment refers to a change in the U.S. tax code made in 1954 which prohibited tax-exempt organizations from endorsing or opposing political candidates.

    Churches cannot favor or oppose particular candidates for political, public office. Although the ban on electioneering clearly offends the First Amendment's guarantee of Free Speech and the right not to separate one's (peaceful) conduct from his conscience, is at odds with the Preamble to the Bill of Rights, and mocks our Founders' notion of Church and State, the ban is based on a provision in the 1954 Tax Reform Act prohibiting all tax exempt organizations from supporting or opposing political candidates. The Johnson Amendment, introduced by Senator Lyndon B. Johnson, grew out of the anti-communist frenzy of the 1950's and was directed at right-wing organizations such as FACTS FORUM and the COMMITTEE FOR CONSTITUTIONAL GOVERNMENT. It was introduced intending to end McCarthyism, protect the Texas Democratic Party, and to ensure his re-election to the Senate in 1954.

    Simply put, the Johnson Amendment was passed by a shrewd politician to intimidate people of faith.

    It is no secret that Christians are the group most strongly silenced in our country. Catholics in particular have been targeted, even by the KKK. Hatred and discrimination against Catholics was so strong that the term "Wall of Separation" was adopted by the Supreme Court (in 1947, in the case Everson v. Board of Education) as its guide to government action that might encourage or support religion (which, of course then, would require that it be struck down). The case introducing the term "Wall of Separation" was one challenging the right of Ewing County Board of Education (NJ) to allow parents to be reimbursed (from public funds) for use of the public transportation system to send their children to Catholic school. The statute provided reimbursement for parents who used public transportation to send their children to any school (except those run "for profit"). The challenge was specifically that funds not be used for Catholic education.

    Since 1947, our history has recorded that the phrases "Separation of Church and State" and "Wall of Separation" have been used as instruments and tools of exclusion, intolerance, intimidation, and bigotry. These phrases have been used to silence people and communities of faith, to force those of faith to silence themselves, and to exclude them from full participation in public life. But the Supreme Court's voice would only be the beginning.

    The muzzling of Christian churches and religious groups would continue, with the Johnson Amendment.

    The 1954 Johnson Amendment passed by Congress stated that non-profits [read: Christian churches and organizations; ie, churches and other nonprofit organizations with 501(c) tax exemptions] could not speak in favor of any political candidate. The question is whether this even constitutional.

    The following is an excerpt from the chapter, "The Separation of Christianity and State" in the book, THE COST OF OUR SILENCE:

    "Texas Democrat, Lyndon B. Johnson, was a powerful politician running for reelection as Senator, but two anti-communist, tax-exempt groups were opposing him and passing out literature during the campaigns. He contacted the IRS and found the group's activity was legal, so he sought other options to fight them.

    Johnson shrewdly appeared on the Senate floor on July 2, 1954, and offered his amendment to a pending, massive, tax code overhaul bill. The bill was supposed to modernize the tax code. Records indicate an absence of committee hearings on the amendment. No legislative analysis took place to examine the effect the bill and the amendment would have, particularly on churches and religious organizations. The amendment was simply created to protect Johnson.

    The Johnson Amendment was passed by Congress as an amendment to section 501(c)(3) of the federal tax code... stating entities that are exempt from federal income tax cannot "Participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of - or in opposition to - any candidate for public office."

    The Left uses the Johnson Amendment to bully Christian pastors and groups with threats of losing their nonprofit status should they dare talk about the Bible as it relates to cultural, political, fiscal, and social issues, which all fall under the category of moral issues.

    Erik Stanley, author and Senior Legal Counsel of the Alliance Defense Fund (ADF), explained that the Johnson Amendment was a bill that got inserted into the tax code through back-room deals made by a powerful Senator seeking reelection at any cost. As a result of the bill, freedom of speech and the free exercise of religion have been trampled. Stanley stated:

    "We have grown up with a generation of churchgoers that believe it is illegal for their pastor to address candidates and elections in light of Scripture or church doctrine when there is no valid justification for believing that."

    Johnson knew how to use the political process to silence his enemies. The new amendment not only protected him from the conservative nonprofit groups opposing him, but many pastors stopped speaking about any issue from the pulpit that might be deemed political either out of ignorance of the new law or out of fear. By this self-censoring, the church has chosen to ignore open immorality in culture and in government while at the same time neglecting to call attention to those political leaders who do strive to live according to Christian morals and values.

    One might conclude that LBJ not only silenced America's churches, but his legislation has, in effect, turned many of them into agents of the state. What about labor unions, liberal churches, and leftist organizations? Why have many of them apparently been allowed to not only endorse and support political candidates, but openly fund their campaigns? This is the hypocrisy of selective law enforcement by the (in)Justice Department and the IRS, a partisan government agency recently exposed in the targeting of conservative groups...

    Only about 25 percent of Christians vote in elections today. Perhaps more would do so if they understood the platforms of those running for office and what the consequences of those policies would be for those believing in family values, the right to live in a safe society, the right to raise their children with moral values, and the obligation to preserve a free country to their children and posterity.

    Though the Establishment Clause of the First Amendment will continue to be wrongly applied to cases involving religion, we can help by raising awareness. We can also elect representatives who revere the Bible they place their hand on when taking their oath of office. Enemies of Christianity and of America have become emboldened, and people of faith need to be reminded we are provided the freedom of religion and its expression under the Constitution, and specifically in our First Amendment. The Preamble to that amendment, and indeed the entire Bill of Rights, explains the absolute prohibition on the federal government in burdening the individual's liberty rights recognized in those amendments. The Preamble reads:

    "Conv   entions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution."

    While our obligation is to respect and abide by the laws passed by our government, we cannot be blind to the fact that government is often a vehicle of power for ulterior and dishonest motives and is often organized as a monopoly of the legislative, executive, and judicial branches so that it often assumes power and authority it not granted under the Constitution nor ever intended to have. In such cases, our ultimate allegiance belongs to Nature and to God, where government power is limited, fair, and justly applied.

    The truth is churches have a tremendous amount of freedom. From the pulpit, actual limitations may indeed exist. These limitations include the following: Pastors cannot openly endorse a particular candidate, tell people whom to vote for, or contribute church money to a campaign. A pastor is absolutely free to do so as an individual outside the church. Pastors, churches, and nonprofits can lawfully speak in detail about all biblical issues. They may also quote any Scripture in the Bible, discuss unethical abortion funding and the protection of marriage, and distribute voter guides and information as well as register folks to vote. Churches can invite politicians to come in and speak to their congregations as long as they extend an invitation to both parties.

    Of course, some pastors are rightfully concerned about mixing religion and government. But it would seem to me that we cannot divorce our faith from our politics. We MUST NOT divorce our faith from our politics. I believe God would want us to promote His teachings and His law in every way possible, including how we live our lives and how we put our beliefs out there in a public way. Otherwise, religion - our support system and belief system - remains sequestered within the walls of our churches and maybe in our homes as well.... but certainly not outside those structures. Politics is a critical element of our society. It is how we advance our interests, our issues, and our concerns for the society, the state, and the country we live in. Politics affects our lives in a very real way, and the Bible has answers and instructions for every single one. Christians must have a voice when it comes to who is elected, what policies get promoted, and which laws get passed.

    The Reverend Don Wildmon, founder of the American Family Association, has been instrumental in fighting for the family and Christian values in our country. He wrote the following over ten years ago:

    "Today, 4,000 innocent precious lives of unborn babies were snuffed out . . . And 300,000 pulpits are silent . . . The networks make a mockery of Christians, the Christian faith and Christian values with nearly every show they air. Greed, materialism, violence, sexual immorality are standard fare. Program after program, movie after movie contains anti-Christian episodes and plots. News articles condescendingly refer to the "fundamentalists, right-wing Christians." Those who speak out for the sacredness of life are branded as extremists. And 300,000 pulpits are silent.

    Teenage suicide is the highest it has ever been . . . Christian morality cannot be taught in schools, but atheistic immorality can . . . And 300,000 pulpits are silent. Rape has increased 700 percent in the last fifty years, and that takes into consideration the population growth . . . And 300,000 pulpits are silent.

    Rock music fills the airwaves and our children's minds with music which legitimizes rape, murder, forced sex, sadomasochism, adultery, satanic worship, etc. And 300,000 pulpits are silent. A majority of states now have lotteries [gambling has been legalized, no longer a crime]. And 300,000 pulpits are silent."

    Perhaps your pastor or church leader has in fact been speaking out on these and many other problems in our society. Thank him and encourage him! You are blessed to have him and the church in America needs more like him. Our hope is for Christian leaders to do what Dietrich Bonhoeffer and the Confessing Church in Germany chose to do -- put the Word of God above all things. We must not have any gods besides the one true God. Real faith cannot be silenced by government orders.

    If we do nothing and the majority remains silent, the secular progressives win. Then, with God removed from all aspects of American society, they will be the ones to rule, deciding what is right and wrong, true and false, moral and immoral.

    As the great Reverend Charles Finney once said: "God will bless or curse America depending on the course Christians take in politics; they must vote for honest men and take consistent ground."

    In recent years the Alliance Defending Freedom has attempted to challenge the Johnson Amendment through the Pulpit Freedom Initiative, which urges church pastors to violate the statute in protest. The ADF contends that the amendment violates First Amendment rights. Also, the Black Robe Brigade is committed to overturning this bad law.

    NOTE: The Internal Revenue Service website elaborates upon this ban as follows:

    "Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.

    Certain activities or expenditures may not be prohibited depending on the facts and circumstances. For example, certain voter education activities (including presenting public forums and publishing voter education guides) conducted in a non-partisan manner do not constitute prohibited political campaign activity. In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a non-partisan manner.

    On the other hand, voter education or registration activities with evidence of bias that (a) would favor one candidate over another; (b) oppose a candidate in some manner; or (c) have the effect of favoring a candidate or group of candidates, will constitute prohibited participation or intervention.

    The Internal Revenue Service provides resources to exempt organizations and the public to help them understand the prohibition. As part of its examination program, the IRS also monitors whether organizations are complying with the prohibition.

    Mere speech from the pulpit or other activities not requiring funding clearly do NOT violate the spirit of this prohibition and SHOULD NOT be covered under this amendment to the tax code. Intimidation is the tool of the IRS and the government these days and pastors and churches should recognize it as such.

    Since speech from the pulpit and other activities not involving funding do not violate this amendment, the intimidation that churches feel is a clear and offensive violation of the First Amendment.

    Reference:

    David Fiorazo, "The Johnson Amendment and the Agenda to Silence Christians," May 2015. http://davidfiorazo.com/2015/05/the-johnson-amendment-and-the-agenda-to-silence-christians/

    Publisher's note: Contributor Diane Rufino also serves of co-publisher for Pitt County NOW.