For many years, I was an avid church
attendee. I enjoyed going every time the doors opened. I was extremely active
especially among the youth groups and wanted to make sure that if people needed
a way to church to provide such a way. A lot of time transportation assistance
was given freely by the church and often more so than noted, I paid for that
transportation out of my very own pocket. One day it really all stopped. I
stopped attending church for me for various reasons. The one thing that didn’t
stop was my strong belief in God/Jesus Christ (incarnate)/Holy Spirit.
The purpose of this blog today is
to discuss the signing of the Executive Order on Religious Liberty which is
supposed to happen today, May 4, 2017. I will take you step through step of the
process and try to explain this to the best of my ability.
(***RED
represents my opinion. If you find that I have made any error please feel free
to comment. But, please keep your comments tactful and respectful.)
There
will be three things that I will specifically look at after reading several
news articles on this subject. They will be (1) Executive Orders- their scope,
(2) Thomas Jefferson and religious liberty, and (3) the Johnson Amendment and
its purpose.
What is an executive order? It is
a statement of directive that the President of the US issues which has the
affect and power of a federal law. The only problem is that executive orders
are a “Gray Matter” in the constitution. In other words, there is no provision
authorizing its issuance. There is a fine line in Article 2 of the constitution
and congress can pass a new law to override such an order. [1]
This can
be a dangerous tool in the hands of any single leader of a country. However,
this is why we have a system of checks and balances. Like some of the previous
executive orders, the Federal Courts have had to step in and stop such orders
dead in their tracts. Why is this happening in America? This administration
seems to not know exactly what a checks and balance system is?
I have often been told that
separation of church and state didn’t come about until recently in the past 60
or so years. That is simply not true. I heard Mr. President speak about what Thomas
Jefferson said “God who gave us life, gave us liberty…. liberties are a gift of
God…”[2]
The
presidential quote pertaining to Thomas Jefferson was taken off panel three (3)
of the Jefferson Memorial. It is a very interesting quote but not a complete
quote from the panel. It reads, “God who
gave us liberty. Can the liberties of a nation be secure when we have removed a
conviction that these liberties are the gift of God? Indeed, I tremble for my
country when I reflect that God is just, that his justice cannot sleep forever.
Commerce between master and slave is despotism. Nothing is more certainly
written in the book of fate than that these people are to be free. Establish a
law for educating the common people. That is the business of the state and on a
general plan.” [3]
Mr.
President’s direct quote had nothing to do with the repeal of the Johnson
Amendment and its purposes. In fact, the Johnson Amendment really isn’t an
amendment but just legislation that was passed and upheld by the Supreme Court
of the US. The quote (Jefferson’s quote) was pertaining to education and
slavery. I wonder if Mr. President thinks that the American people are that
ignorant, uneducated, and perhaps, maybe he is correct. After all, we the
people put him in office. In a generalization of terms, what does that say
about the American people who are the government?
Jefferson
wanted a separation of church and state. He felt that government should not
dictate religion and religion should not dictate government. However, we
needed, as a country, religious liberty using the Church of England and their
government as an example.[4]
What is the Johnson Amendment?
Lyndon B Johnson’s amendment ban in 1954 covered that “Churches cannot endorse or
oppose particular candidates for political office… Instead the ban is based on
a provision in the 1954 tax reform act prohibiting
all tax-exempt organizations from supporting or opposing political
candidates. I show that the provisions grew
out of the anti-communist frenzy of the 1950s and was directed at
right-wing organizations such as Facts
Forum and the Committee for
Constitutional Government.” He further contends that. “A ban on electioneering has nothing to do with the First Amendment or
Jeffersonian principles of separation of church and state. [5]
Note the
words “…1954 tax reform act prohibiting all tax-exempt organizations…grew out
of anti-communist frenzy of the 1950s…” Those are key words to what the late
President Lyndon B Johnson had on his mind when he was a senator. The
hi-lighted passages in the previous statement sums it up. Why has everyone made
or is making such a big deal out of this?
“The reason churches cannot
endorse or oppose political candidates is that churches are tax-exempt
organization and must abide by the Internal Revenue Code. Under section 501(c)(3)
of that code, churches are exempt from income tax and are entitled to receive tax-deductible
contributions from members and other donors. As 501(c)(3) organizations,
churches must comply with IRS rules (references). One IRS rule specifically
states that an organization under its provisions: …does not participate in, or
intervene in (publishing or distributing of statements), any political campaign
on behalf of (or in opposition to) any candidate for public office (Internal
Revenue Code, 1996, Volume 1:856).”[6]
I have
found no reason that this amendment had anything to do with religious
organizations, after reading the information on the law but was primarily
dealing with organizations who enjoyed the 501- tax exempt status. It had nothing
to do with religious liberties. This was
a quick bi-partisan addition to the law about political affiliations or
charitable organizations who championed “anti-communist causes.”[7]
This was dealing with both parties, democrat and republican.
I have to
consider if this repeal goes through, then any organization can call themselves
a church, enjoy the tax-break while influencing political views. This is not
limited to churches that believe in God either.
Any “John Doe” can open up a religious church of worship for “Dirty
Underwear”, enjoy the tax status and raise a lot of money for “John Q Public”
political leader to get into office—tax free donations accepted. Contact “Chuckie
Fart” at this address and you can donate money, write it off on your income tax
as being reputable to support some political forum. This is opening up doors
for abuse of the worse kind. When will people get it through their heads, that
the Johnson Act (Amendment) was not about religion. Religion was caught in the
cross fire due to unsightly activities of certain organizations. This is not
about religious persecution nor freedom of speech. Any minister can stand on
the podium in his church and enjoy religious freedom and at the same token,
state “I am endorsing…” without retribution or persecution (except from his
congregation as a whole if they disagree. After all, they are his employers.)
I have to
ask that Mr. President not do this. If he does, maybe, someone will take it
into federal court and his executive order will be blocked. Churches have a hard-enough
time administering to the gospel. More regulation would be needed, which may
put an additional burden on the institution of reputable churches that are
actually designed for religious worship. Please rest assured our religious
freedoms have never been jeopardized in the United States of America.
Have
a blessed Thursday. Please keep in prayer for those around us. Go with God—the only
way through Jesus Christ (incarnate) and the Holy Spirit of the day in your
heart.
[1]
NCC Staff. “Executive Orders 101: What are they and how do Presidents use them?”
National Constitution Center. 23rd
January 2017. (accessed 4th May 2017) https://constitutioncenter.org/blog/executive-orders-101-what-are-they-and-how-do-presidents-use-them/
[2]
Liptak, Kevin. “Trump to sign executive order to vigorously promote religious
liberty.” CNN Politics. 3rd May, 2017. (accessed 4th
May 2017) http://www.cnn.com/2017/05/03/politics/trump-religious-liberty-executive-order/
(**Special Note: The presidential quote was taken off
of a video that was attached to the news article.)
[3] “Quotations
on the Jefferson Memorial.” Thomas
Jefferson Monticello. (accessed 4th May 2017) https://www.monticello.org/site/jefferson/quotations-jefferson-memorial#Panel_Three
[4] Ragosta,
John. “Virginia Statute for Establishing Religious Freedom (1786).” Virginia Foundation for the Humanities-
Encyclopedia Virginia. (accessed 4th May 2017) http://www.encyclopediavirginia.org/Virginia_Statute_for_Establishing_Religious_Freedom_1786#start_entry
[5]
Davidson, James. D. “Why Churches Cannot Endorse or Oppose Political
Candidates.” Religious Research
Association, Inc., Review of Religious Research. Vol 40, No.1; Sep. 1998.,
pp 16-34. Perdue University. (accessed 4th May 2017) http://www.jstor.org/stable/3512457
[6] Davidson,
James. D. “Why Churches Cannot Endorse or Oppose Political Candidates.” Religious Research Association, Inc., Review
of Religious Research
[7] Davidson,
James. D. “Why Churches Cannot Endorse or Oppose Political Candidates.” Religious Research Association, Inc., Review
of Religious Research
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