Q:        There are some important issues on the ballot. Can I talk about politics from the pulpit?

      Pastor Mark is concerned about the election coming up in a few weeks and wants to address several issues that are on the ballot for a direct vote. He’s heard that President Trump issued an executive order about religious speech in pulpits but isn’t sure what he can say. Can Pastor Mark talk about politics from the pulpit? 

A:        Yes, Pastor Mark can talk about the issues up for a vote in a few weeks.

In 1954, Congress amended IRS Code § 501(c)(3) to restrict the speech of non-profit, tax-exempt entities—including churches. Before the amendment, there were no restrictions on church speech concerning government or voting, with the exception that non-profits were not allowed to use a substantial portion of their budgets to lobby legislation. 

After the amendment, churches faced a choice: speak freely on all issues addressed by Scripture and potentially risk their tax exemption or remain silent and protect their tax exemption. Unfortunately, many churches have allowed the 1954 Johnson amendment to silence their speech, even from the pulpit. Ironically, after 60-plus years of strict interpretation by the IRS, there is no reported situation to date where a church lost its tax-exempt status or was punished for sermons delivered from the pulpit. Nonetheless, the law remains unchanged.

Recently, President Donald Trump signed an executive order relaxing the enforcement of the Johnson Amendment. Nonetheless, the amendment is still the law of the land because an executive order does not reverse legislation. Legislation can only be fixed by other legislation or by being ruled unconstitutional by the appropriate court.

With that said, what can pastors say from the pulpit? 

The Johnson Amendment, even with relaxed enforcement, prevents churches from directly or indirectly participating in, or intervening in, any political campaigns on behalf of any candidate for elective office.

So, what about Pastor Mark? Here are a few guidelines he should follow:

Pastor Mark still should not endorse a particular candidate from the pulpit. 

Even though the enforcement has been relaxed, the law is still the law—and, it prevents pastors from endorsing candidates specifically. As a practical matter, Pastor Mark is free to endorse a candidate on his own as a public citizen.

Pastor Mark certainly can discuss the moral or religious implications of any issue that is on the upcoming ballot. 

Pastor Mark can preach messages that discuss the biblical stance on any number of issues—caring for the poor, responding to immigration, the death penalty, the effects of gambling on society, or abortion for example. 

Pastor Mark may also distribute unbiased voter guides and promote participation in the civic process, including voter registration and get-out-the-vote drives that do not focus on a particular candidate. 

Glenn is a speaker, ordained pastor, writer, and attorney living in Suffolk, VA. Before starting Reynolds Law Group, Glenn pastored one of the largest churches in America and was the Director of Church Planting for the Iowa Ministry Network. Glenn roots hard for the Kentucky Wildcats in basketball, the Baltimore Orioles in baseball, and the Iowa Hawkeyes in football.

To learn more about Glenn, you can read his full bio here.

You can find him on Instagram @glennsreynolds

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