Written by Don Byrd
In an opinion piece for Time Magazine, Eric Yoffie reminds me that earlier this month Allicance Defending Freedom (ADF) once again promoted their yearly act of civil disobedience known as Pulpit Freedom Sunday. On October 5, ministers in participating churches placed their congregations’ non-profit status in jeopardy by endorsing political candidates from the pulpit in violation of IRS regulations for 501(c)(3) tax exempt organizations. Their goal? To invite an IRS sanction that will lead to a legal challenge of the electioneering rules as unconstitutional.
As Yoffie notes, the IRS has thus far not taken the bait, and has declined to take action regarding Pulpit Freedom Sunday endorsements. While he argues that “ignoring enforcement is always a bad strategy,” those of us who support the regulations may have reason to be glad the issue has not made it to today’s courts.
[I]f the IRS finally stands its ground and the result is a legal challenge that reaches the Supreme Court, it is more likely now than before that the Supreme Court will be sympathetic to the Alliance arguments. In Burwell v. Hobby Lobby Stores, Inc., arguably the most significant case of the Supreme Court term, the Court granted a special status to religious objectors and religious freedom that was seemingly without basis in precedent. . . . It is hard to imagine the legal grounds for a decision that would grant churches the unrestricted right to enter the political process while still benefiting from the financial largesse of the taxpayer, but such an outcome is no longer impossible.
Once ministers, priests, rabbis and imams are entitled to endorse candidates without restriction, they will be increasingly pressured to do so. The same people who pour money into political campaigns will direct their dollars to houses of worship. And churches, synagogues and mosques will no longer be places of worship; they will be political bazaars.
The Baptist Joint Committee supports current IRS regulations as “striking the right balance.” Browse the BJC’s church electioneering resource page here, which includes a Q and A on churches and political campaigns, and a Tax Guide for Churches and Religious Organizations.
