Restoring the Integrity of Church and State: Addressing Political Involvement of U.S. Churches and the Need for Enforcement
"The issue of churches in the U.S. engaging in political activities while maintaining their tax-exempt status is complex and often controversial. Under the Johnson Amendment, which has been part of the U.S. tax code since 1954, churches and other 501(c)(3) organizations are prohibited from directly or indirectly participating in political campaigns. Despite this, many churches have continued to involve themselves in politics without significant repercussions from the IRS.
There are several well-documented instances of churches violating this rule by endorsing candidates, distributing political materials, or using the pulpit to influence elections. However, the enforcement of the Johnson Amendment has been minimal. In fact, the IRS has revoked the tax-exempt status of a church only once in the past 70 years for direct political involvement, as seen in the case of Branch Ministries in 1992, which placed ads against then-presidential candidate Bill Clinton (High Plains Public Radio) (The Texas Tribune). Other violations, such as churches endorsing candidates from the pulpit, have often gone unpunished, with the IRS either sending warnings or failing to act altogether(The Texas Tribune) (The Texas Tribune).
This lack of enforcement is due in part to political pressures and the difficulty in monitoring church activities. For example, President Trump issued an executive order in 2017, instructing the IRS to exercise restraint in enforcing the Johnson Amendment. While this did not eliminate the amendment, it signaled to churches that there was little risk of penalties for political involvement (Kershaw, Vititoe & Jedinak, PLC) (Church Law & Tax).
To address this issue and restore integrity to the separation of church and state, several measures could be considered:
Reinforce IRS Authority: Strengthening the IRS's capacity to monitor and act against violations could deter churches from engaging in political activities. This would include re-establishing higher-level oversight to ensure proper procedures are followed when investigating churches.
Clear Guidelines and Enforcement: There should be clearer and stricter enforcement of the Johnson Amendment. If churches violate the rules by endorsing candidates, their tax-exempt status should be at risk, not just in theory but in practice.
Public Accountability and Transparency: Encouraging more public reporting and transparency can allow concerned citizens to report churches that violate these rules. This would create a higher level of community engagement in holding religious organizations accountable for their political involvement.
Alternative Penalties: Introducing intermediate penalties such as fines or temporary suspension of tax-exempt status for minor infractions could serve as a warning before revoking a church’s status entirely.
These steps could help maintain the balance between respecting religious freedom and ensuring that tax-exempt organizations do not improperly influence political processes (The Texas Tribune)
Addressing Foreign Religious Influence: The Pope's Role in U.S. Politics and Potential Solutions
Pope Francis recently made public statements that could influence the upcoming U.S. presidential race between Kamala Harris and Donald Trump. In a rare political intervention, he framed both candidates as representing "anti-life" policies—Harris for her stance on abortion and Trump for his immigration policies. The Pope emphasized that abortion, in his view, is equivalent to murder, stating that "to have an abortion is to kill a human being." He contrasted this with Trump's approach to migrants, which he described as a "grave sin" for failing to follow the biblical mandate to welcome the stranger (POLITICO ) (Hosted) (The Independent).
By presenting both candidates as equally flawed in terms of "life" issues, Pope Francis positioned the 2024 election as a choice between "the lesser evil," which could influence Catholic voters. His remarks place Harris’s pro-choice stance on abortion and Trump’s aggressive immigration policies in the same moral category, suggesting that both candidates are complicit in actions the Church deems as "murder." This framing could deeply impact how Catholics view the moral stakes of the election, as they may feel pressured to choose based on their perception of which issue—abortion or immigration—is a more grievous offense (POLITICO) (The Independent).
This intervention, while stopping short of endorsing a specific candidate, signals the Pope’s desire to influence the political conversation, especially in light of the large number of Catholic voters in the U.S. His comparison of the two candidates as "evils" within the same moral realm of life and death elevates the stakes and frames the choice as not just a political decision but a profound moral one.
To prevent the Pope or other foreign religious leaders from interfering in U.S. politics, several approaches could be considered, including addressing the influence of the Catholic Church within the U.S., especially concerning its tax-exempt status. Here are a few possible strategies:
Revocation of Tax-Exempt Status for Church-Owned Properties: The Catholic Church in the U.S. enjoys tax exemptions under the 501(c)(3) provision, which prohibits involvement in political activities. If it is determined that the Church, under the influence of the Pope, is actively engaging in political affairs, particularly in relation to U.S. elections, then the IRS could potentially revoke its tax-exempt status. As previously seen in cases of churches engaging in political endorsements, the IRS has the authority to audit and revoke tax-exempt statuses for violations of the Johnson Amendment, which prohibits political campaigning by tax-exempt organizations (Kershaw, Vititoe & Jedinak, PLC) (The Texas Tribune).
Foreign Influence Protections: The U.S. government could explore strengthening regulations that prevent foreign leaders, including religious figures like the Pope, from using their influence to sway American elections. This could involve enforcing the Foreign Agents Registration Act (FARA) more rigorously to ensure that foreign entities, including religious institutions, are not covertly funding or influencing U.S. political campaigns. This law already exists to ensure transparency in foreign lobbying but could be adapted to encompass religious influence as well.
Enforce Separation of Church and State: Activists and lawmakers could advocate for a stricter interpretation of the separation of church and state, particularly as it relates to foreign influence. This might include more stringent enforcement of the Johnson Amendment, which could help curtail religious organizations, including the Catholic Church, from endorsing candidates or engaging in overt political advocacy. Historically, enforcement has been lax, and greater scrutiny and penalties could deter such activities (High Plains Public Radio) (POLITICO).
Diplomatic Channels: The U.S. government could engage diplomatically with the Vatican to request that the Pope refrain from commenting on or influencing U.S. political matters, especially when it pertains to elections. While the Vatican is a sovereign state, diplomatic conversations could highlight the importance of non-interference in domestic political affairs.
Public and Political Advocacy: Finally, public awareness and pressure could be a powerful tool. Highlighting the issue of foreign religious influence in U.S. elections could lead to greater scrutiny and calls for action from both voters and lawmakers. Grassroots campaigns could demand accountability from churches that cross the political line and push for the IRS to take stronger action against churches that violate their tax-exempt status.
By employing a combination of legal, diplomatic, and public strategies, the U.S. could work toward preventing undue foreign religious influence in its domestic political processes." (AIR, ChatGPT, DALL-E0
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