On Thursday, May 4, President Trump signed an executive order making it easier for religious groups, including churches, to participate in political activities without endangering their tax-exempt status.
The Presidential Executive Order Promoting Free Speech and Religious Liberty aims to “formulate and implement policies with implications for the religious liberty of persons and organizations in America, and to further compliance with the Constitution and with applicable statutes and Presidential Directives…”
In short the directive emphasizes respecting religious and political speech as protected under the United States Constitution, protecting and respecting the freedoms of people and organizations to take part in political as well as religious speech.
This move is a first step in overturning the Johnson amendment, something that President Trump has expressed as a priority since he announced his candidacy for president.
The “Johnson amendment,” a provision set forth in the federal tax code restricts religious organizations in their level of political activity, including the open and direct endorsement or opposition of political candidates. Entities that have a tax exemption under section 501(c)(3) of title 26, United States Code, could lose their tax-exempt status if they engaged in the activity. It was proposed in the 1950s by then Texas Senator Lyndon Johnson.
President Trump began voicing his plans to lessen the constraints on church political activity early in his campaign, but it also has long been a priority for many congressional Republicans and social conservatives. Section 1 of the order reflects those values:
“It shall be the policy of the executive branch to vigorously enforce Federal law’s robust protections for religious freedom. The Founders envisioned a Nation in which religious voices and views were integral to a vibrant public square, and in which religious people and institutions were free to practice their faith without fear of discrimination or retaliation by the Federal Government. For that reason, the United States Constitution enshrines and protects the fundamental right to religious liberty as Americans’ first freedom. 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. The executive branch will honor and enforce those protections.”
The signing of the order coincided with the National Day of Prayer and provides faith leaders with more freedom to share with their congregation their endorsements for political candidates from the pulpit. It also prevents federal agencies from penalizing religious organizations that choose to tailor their health care plans to not providing birth control if it violates their faith or religious views. However, existing law is not changed by this executive order. Instead, agencies are advised to avoid interfering with churches, synagogues, and other houses of worship as well as organizations that have a religious affiliation.
“No Americans should be forced to choose between the dictates of the federal government and the tenets of their faith,” Trump said.
The American Civil Liberties Union rapidly reacted within an hour of the president’s statement, threatening to bring a lawsuit against the Trump administration over the executive order. However, later that day, the organization took a step back and halted its plan to sue.
ACLU executive director, Anthony Romero, later issued a statement in response, “What President Trump did today was merely provide a faux sop to religious conservatives and kick the can down the road on religious exemptions on reproductive health care services.”
While many faith based organizations applauded President Trump for the efforts, some felt it wasn’t enough. The Baptist Joint Committee for Religious Liberty issued a statement by executive director, Amanda Tyler, “This order appears to be largely a symbolic act, voicing concern for religious liberty but offering nothing to advance it. Worse, it is further evidence that President Trump wants churches to be vehicles for political campaigns.”
Another concern that has been raised regarding the executive order is that it fails to address how religious freedom protections will be enforced without violating the LGBT nondiscrimination law. There is a fine line that lawmakers do not want to cross, particularly in light of same sex marriage that was legalized by the Supreme Court in June 2015.
There is also scrutiny regarding the executive order and its relationship to the Affordable Care Act’s contraception mandate. For many religious organizations, it brings a sigh of relief.
“Today’s executive order begins the process of alleviating the serious burden of the HHS mandate,” Cardinal Daniel DiNardo, president of the United States Conference of Catholic Bishops, said in a statement. “We will engage with the administration to ensure that adequate relief is provided to those with deeply held religious beliefs about some of the drugs, devices and surgical procedures that HHS has sought to require people of faith to facilitate.”
This is a first step. There are many more that churches and religious organizations are hoping will follow.
~ Christian Patriot Daily
