USA TODAY International Edition
Trump’s order viewed as ‘ symbolic’
Pastors are still barred from endorsing candidates — maintaining status quo
President Trump’s executive order on religious freedom maintains the long- established restrictions on political activity by churches, despite a promise in February to “totally destroy” the law known as the Johnson Amendment.
Promising that the order would “prevent the Johnson Amendment from interfering with your First Amendment rights,” Trump signed the executive order in a grand Rose Garden ceremony, where he was surrounded by activists, faith leaders and nuns from the Little Sisters of the Poor — all serenaded by a string quartet.
But when the White House released the text of the executive order two hours later, it largely maintained the status quo.
“The ( executive order) does not really resolve anything with respect to the Johnson Amendment,” said Lloyd Mayer, who teaches non- profit and election law at Notre Dame law school. “The Johnson Amendment is still law.”
Liberal groups preparing to sue over the order said there was no need.
The American Civil Liberties Union called the order “an elaborate photo- op with no discernible policy outcome.”
Public Citizen said it was “a sham because what it actually does is instruct the IRS to enforce the law as written.”
And even conservative groups couldn’t hide their disappointment.
“Though we appreciate the spirit of today’s gesture, vague instructions to federal agencies simply leaves them wiggle room to ignore that gesture, regardless of the spirit in which it was intended,” said a statement from Michael Farris, president of Alliance Defending Freedom.
He said he still hopes that Trump will fulfill his campaign promise.
“Regrettably, this executive order leaves that promise as yet unfulfilled,” he said.
Since it was first adopted in 1954, the Johnson Amendment has prohibited charities and churches from “directly or indirectly participating in, or intervening in, any political campaign on behalf of ( or in opposition to) any candidate for elective public office.” Groups that violate the amendment could be faced with revocation of their tax- exempt status.
In stilted legalese, Trump’s order says the IRS should not take action against churches that speak out on moral or political issues “where speech of similar character has, consistent with law, not ordinarily been treated as” campaign speech.
In other words, the time- tested standard applies: Churches can speak out on political issues as long as they don’t endorse or oppose a specific candidate.
To be safe, Trump also directed that the order be followed “to the extent permitted by law.”
“The religious critics of this order have a point: In practice, it doesn’t really do anything substantive,” said Edward Zelinsky, a Yeshiva University law professor who has called for limited changes to the Johnson Amendment. “This order is purely symbolic, with no practical impact.”
But he said symbols are important, and some see a nod to politically active pastors that they should feel free to express themselves — if not in his order, then in his Rose Garden remarks.
“This executive order directs the IRS not to unfairly target churches and religious organizations for political speech,” Trump said. “No one should be censoring sermons or targeting pastors.”
Public Citizen President Robert Weissman said rhetoric “will encourage religious groups to ignore the restrictions of the Johnson Amendment and dare the IRS to do anything about it.”
The religious freedom executive order “doesn’t really do anything substantive.” Edward Zelinsky, a Yeshiva University law professor