Los Angeles Times

What does religion directive do?

Trump’s executive order fits a pattern of doing less than the White House asserts.

- By Noah Bierman and David Lauter noah.bierman @latimes.com david.lauter@latimes.com Times staff writer Jaweed Kaleem in Los Angeles contribute­d to this report.

WASHINGTON — President Trump signed an executive order Thursday that he said would protect politicall­y active churches from losing their tax-free status. But as has repeatedly been true during his young administra­tion, the actual text proved more modest than his words.

“For too long the federal government has used the state as a weapon against people of faith,” Trump said to an audience of conservati­ve religious leaders gathered in the White House Rose Garden.

“You’re now in a position to say what you want to say,” he added before signing the order, along with a proclamati­on. “We are giving our churches their voices back.”

The order was aimed at fulfilling a campaign promise Trump made to “totally destroy” a federal law known as the Johnson Amendment, which prohibits taxexempt organizati­ons, including churches, from actively supporting political candidates.

The ban, written by Sen. Lyndon B. Johnson in the 1950s, has seldom been used to remove a church’s tax exemption, although some religious groups, both conservati­ve and liberal, have said its existence constrains political speech. Its repeal has not been a top priority for most religious conservati­ve groups, but Trump has often spoken about it.

Trump’s order does not change the law; that would require Congress to act. And despite his declaratio­n, the order doesn’t necessaril­y change the way the Internal Revenue Service might enforce the law.

The text of the order, which the White House did not release until after Trump’s remarks, says only that the Treasury Department, “to the extent permitted by law,” would not take “any adverse action” against individual­s, houses of worship or other religious groups on the basis of speech “about moral or political issues from a religious perspectiv­e” that does not amount to “participat­ion or interventi­on in a political campaign” in favor of or in opposition to “a candidate for public office.”

It’s not clear whether that would change any IRS rules.

Before the signing ceremony, an administra­tion official said the order would direct the IRS to “exercise maximum enforcemen­t discretion” in applying the Johnson Amendment. But the text does not include that language. The order contains a more vague, blanket statement that the administra­tion is committed “to protect and vigorously promote religious liberty.”

The gap between Trump’s language and the actual order follows a pattern: His descriptio­ns of his executive actions often go considerab­ly beyond the reality of what they do.

Sarah Huckabee Sanders, White House deputy press secretary, said the administra­tion’s legal staff believes the order protects clergy from IRS sanctions if they make political endorsemen­ts from the pulpit, though a church would still be subject to losing nonprofit status if it placed political advertisem­ents. The IRS in the past has told religious groups that endorsemen­ts of candidates from the pulpit could violate the law.

Administra­tion officials pointed to an IRS document that said from 2010 through 2013, there were 99 cases nationwide alleging violations by churches that “merit a high priority examinatio­n.” How many were investigat­ed is not clear.

Trump’s order, timed for Thursday’s National Day of Prayer, included no mention of a much broader religious liberty provision leaked in February that could have allowed business owners to discrimina­te based on sexual orientatio­n or other circumstan­ces that involve moral objections. That proposal has been the subject of internal debate at the White House and appears to have been shelved for now.

Sanders, asked why Trump did not include the language that had been in the February draft, said executive orders go through many revisions and that this one fulfilled his goal of protecting religious liberty.

Evangelica­ls supported Trump strongly during the election and had been pressuring the administra­tion to go further in giving businesses discretion to assert morality clauses without running afoul of anti-discrimina­tion laws.

“It’s not a disappoint­ment; 80% is better than nothing,” the Rev. Franklin Graham, a leading evangelist who attended Thursday’s ceremony at the White House and spoke at Trump’s inaugurati­on, said in an interview. “This is a political world and you don’t always get everything you want.”

Graham said that he hoped Congress would overturn the Johnson Amendment and Trump would craft a morality exemption for business owners, but that he believed the new order “does for the time being open up the opportunit­y for pastors to speak out.”

Gay rights groups had been on guard against a broader religious liberty order, and other liberal groups warned that Thursday’s narrower executive order could infringe on the separation between church and state and weaken campaign finance regulation­s.

“Today’s executive order is payment to religious extremists for their support,” Rabbi Jack Moline, president of Interfaith Alliance, said in a statement. “It is not in the interests of American citizens, including those who voted Mr. Trump into office. It is a betrayal of the First Amendment.”

The order does aim to allow religious groups to avoid a mandate to provide contracept­ion coverage under President Obama’s healthcare law, the Affordable Care Act, potentiall­y expanding an exemption that had been carved out in the courts.

That part of the order may become moot if Congress passes legislatio­n to repeal the healthcare law. In the meantime, however, a senior administra­tion official told reporters Wednesday night that “regulatory relief ” would come later.

 ?? Olivier Douliery Abaca Press ?? PRESIDENT TRUMP greets religious leaders before signing the executive order during a National Day of Prayer event in the Rose Garden. While campaignin­g, he vowed to “totally destroy” the Johnson Amendment.
Olivier Douliery Abaca Press PRESIDENT TRUMP greets religious leaders before signing the executive order during a National Day of Prayer event in the Rose Garden. While campaignin­g, he vowed to “totally destroy” the Johnson Amendment.

Newspapers in English

Newspapers from United States