Our soon to be President, Donald Trump, made a campaign promise to evangelical pastors of repealing the Johnson Amendment (JA) to the IRS Code 501(c)3. For those of you unfamiliar with this amendment you may recognize it as the prohibition for churches (and by extension pastors) of participating in and influencing elections and “endorsement” of specific candidates. It has been the “stick” the government has used on occasion to attempt to keep the church disengaged and pastors silent on crucial public policy questions and legislation.
The history of this amendment lies on the doorstep of then Senator Lyndon Johnson from Texas. Up to 1954, there was never any question as to the ability or right for churches or pastors to participate in the public process of choosing leaders and influencing legislation. In fact, pastors and churches historically were highly involved in both. However, Senator Johnson was facing a tough reelection campaign and there were two Houston businessmen who were leading the charge to unseat him. They formed a non-profit in order to disseminate materials and work towards his defeat. Johnson was in fact, reelected, and he promptly returned to the senate to exact his revenge. It was July 2, 1954, during a late night legislative session discussing a tax code provision that an amendment was attached restricting the ability of a 501(c)3 to influence elections. An irony of immense proportions as religious liberty and free speech was restricted just 2 days before the fourth of July celebration. From that time to now, there has been an effectively applied myth that churches and pastors are restricted from participation in public policy and election concerns.
I use the term “myth” because Johnson never intended for his amendment to be applied to the church. His staff corroborated that very fact on numerous occasions. But as is often the case with governmental regulation, the unintended consequences can far outweigh any perceived benefit. This has certainly been the case with the JA. It has been used by some in government, especially the IRS, to send a chill and instill fear into churches and clergy of advocating and advancing their values in the public sphere. I have been a part of a group of pastors sponsored by the Alliance Defending Freedom who have through the years challenged the JA by preaching a “political” sermon and mailing it into the IRS to solicit litigation in order to expose both the unconstitutionality and the unbiblical nature of the amendment.
A couple of points need to be made:
1. Never in the history of the JA has a church lost its “non-profit, tax-exempt” status. The IRS gets more mileage over the fear of losing it then actually litigating it.
2. The IRS has never litigated a single pastor who has mailed their “political” sermon to them. They don’t want to open this can because they know it will be ruled unconstitutional.
3. The church is tax-exempt based on the first amendment and does not even need a 501(c)3 to issue donation statements. So, pastors and churches have never really been in some form of “danger”.
Why then the title of the blog, “Legislating Courage”?
While I agree that the JA is unconstitutional and needs to go away -AND- I would support the efforts to repeal it purely on philosophical grounds and freedom concerns; I am under no illusion that the legislative act of removing it would somehow magically impart courage to the church or its pastors. My guess is that once removed, the timidity that was easily rationalized by hiding under the skirt of the Johnson Amendment will simply manifest itself by the use of other equally cowardly sophistry. You’ve heard it before I’m sure…
“I have to minister to all types of people and politics obscures the Gospel.”
“Jesus was never involved in politics, so I’m not being involved either.”
“The Bible has nothing to say about politics, it’s about our personal salvation.”
“Politics will change when we get people saved so that should be our only emphasis.”
“I would never lower myself or defile my calling by participating in politics.”
You see, you can’t legislate courage. You cannot legislate the intestinal fortitude to arise and engage a culture which ignores and convolutes the truth of the Scripture. That comes only from an encounter with God and a conviction of the objective truth of the Scriptures. In all honesty, it will probably only come when there is a revival of courage in our current cadre of clergy. I love pastors because I am one. I understand the challenges of shepherding congregations in America in the 21st century. I “get” that the average Christian has a thousand options on the church landscape and if you don’t massage them just like they want it, they will head down the street. How do you pay the bills? How do you maintain your responsibilities like kids in college and a roof over your head? What about retirement? The pressure is real. In my opinion, it’s almost harder to Scripturally pastor a church in America then it is to pastor in China. Even the sheep who desire courageous pastors are at times unwilling to sacrifice their conveniences to support and affirm such men of God . America and the American Church is at a providential crossroads.
My greatest concern is that the repeal of the JA will give the appearance of forward progress, a loosing of this clerical army that has been chomping at the bit to speak their prophetic peace, but in reality it becomes the window dressing of pseudo-engagement and a disappointment to those who were convinced this would inspire the clergy. We may throw a party at the news of the repeal, but the real question becomes, “What will the church and pastors do with it?”
Real courage…you see…can’t be legislated.
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