Trump order aims at politics-pulpit divide
Directive is narrower than promised, but groups vow challenge.
President DonWASHINGTON — ald Trump on Thursday said he would direct the Internal Revenue Service to relax enforce- ment of rules barring tax-exempt churches from participating in politics as part of a much-anticipated executive order on religious liberties.
The order — which Trump formally unveiled in a Rose Garden ceremony with religious leaders — also offers unspecified “regulatory relief ” for religious objectors to an Obama administration mandate, already scaled back by the courts, that required con- traception services as part of health plans.
“For too long the federal government has used the state as a weapon against people of faith,” Trump said, later telling those gathered for the event that “you’re now in a position to say what you want to say . ... No one should be censoring sermons or targeting pastors.”
But the sweep of the order —
unveiled on a National Day of Prayer — was significantly narrower than a February draft, which had alarmed civil libertarians, gay rights and other liberal advocacy groups and prompted threats of lawsuits.
Among other things, that version included a controversial provision that could have allowed federal contractors to discriminate against LGBT employees or single mothers on the basis of faith.
The order released Thursday instead included a blanket statement that “it is the policy of the administration to protect and vigorously promote religious liberty.”
Trump said he would direct the Justice Department to develop rules to guide that process.
While Trump’s action was applauded by many in the Rose Garden, some religious groups criticized him for what they characterized as a vague directive that didn’t live up to his campaign rhetoric.
“We strongly encourage the president to see his campaign promise through to completion and to ensure that all Americans — no matter where they live or what their occupation is — enjoy the freedom to peacefully live and work consistent with their convictions without fear of government punishment,” said Gregory S. Baylor, senior counsel for the pro-faith group Alliance Defending Freedom.
Even the less sweeping version prompted threats of lawsuits from opponents, however.
The advocacy group Public Citizen and the American Civil Liberties Union both announced plans to sue over the relaxation of rules on politicking from the pulpit.
“The actions taken today are a broadside to our country’s longstanding commitment to the separation of church and state,” ACLU executive director Anthony D. Romero said in a statement. “Whether by executive order or through backroom deals, it’s clear that the Trump administration and congressional leadership are using religion as a wedge to further divide the country and permit discrimination. “
As a candidate and shortly after taking office, Trump declared he would “totally destroy” what’s known as the Johnson Amendment, a sixdecade-old ban on churches and other tax-exempt organizations supporting political candidates.
The provision applies to all tax-exempt organizations, including many colleges and foundations. But Christian groups have complained most vociferously about its use.
The provision is written in the tax code and would require an act of Congress to repeal fully. Trump’s order instead directs the Internal Revenue Service to “exercise maximum enforcement discretion of the prohibition.” Such a directive would not necessarily extend beyond a Trump presidency.
Ralph Reed, chairman of the Faith & Freedom Coalition and a leading advocate of repealing the prohibition, called Trump’s order a good first step.
“President Trump’s executive order removes a sword of Damocles that has hung over the faith community for decades by administratively repealing the Johnson Amendment and restoring the right to political speech by pastors, churches and ministries,” Reed said in a statement, adding that his group will still like to see congressional action.
Violations of the Johnson Amendment are infrequently pursued by the IRS, but evangelicals claim it has been used selectively against them, preventing Christian leaders from speaking freely in church.
Experts also questioned how much impact the order will have given it will take an act of Congress to fully address the issue.
Rabbi David Saperstein, former ambassador-at-large for international religious freedom, said the directive’s language doesn’t seem to make a significant difference in existing practices.
“People committed to the Johnson Amendment will be troubled he’s continuing down a path toward changing existing law,” he said. “Those who are advocating for a significant change are going to be disappointed.”
The repeal of the Johnson Amendment is also being written into the tax legislation being developed in the House of Representatives, according to congressional aides. But both the provision and the broader legislation face substantial hurdles.