Texas Governor, Attorney General Urge Repeal Of Provision Banning Churches From Political Activities

AUSTIN, TX — Attorney General Ken Paxton and Go. Greg Abbott have sent letters to leaders in Congress urging swift passage of the Free Speech Fairness Act which would repeal restrictions placed on churches that support political causes.

The proposed legislation would remove the decades-long Johnson Amendment threatening churches with the loss of their tax-exempt status for wading into politics. The Johnson Amendment, named for then-Sen. Lyndon B. Johnson, was considered non-controversial at the time of its 1954 passage but has gained resistance of late thanks largely to Donald Trump, who vowed to eliminate it during his presidential campaign. He doubled down on this threat, saying in February during his National Prayer Breakfast to "totally destroy" the Johnson Amendment.

Elimination of the Johnson Amendment would remove a 60-year-old Internal Revenue Code provision threatening loss of their tax-exempt status if they support or oppose legislation or candidates. Repealing it dovetails nicely with the theological underpinnings of the Texas GOP majority, chiefly Abbott who isn't shy about inserting passages from the Bible in his messaging in person or via Twitter.

The correspondence from the Texas lawmakers urging for the provision's repeal was sent to Senate Majority Leader Mitch McConnell and House Speaker Paul Ryan, according to a news advisory. Abbott and Paxton insisted that religious leaders played a critical role in the abolition and civil rights movements, suggesting they should have the right to unfettered expression as it relates to endorsing political causes and candidates as they see fit.

“Since the Johnson Amendment, however, churches have been kept on the sidelines of political debate,” Paxton and Abbott wrote. “The Free Speech Fairness Act will ensure that churches may once again freely participate in government.”

In the advisory, the men note that the Free Speech Fairness Act "...removes the threat of an IRS investigation and potential penalties based on what a pastor says from the pulpit, and brings the law into conformity with the First Amendment."

There's a great deal of debate over whether or not to repeal the Johnson Amendment, with even religious groups opposing its repeal. But while the idea fits nicely with the tactics of conservative members in appealing to their religious base, even some religious groups oppose its appeal.

Baptist groups were among 99 religious and denominational organizations urging members of Congress to maintain the law in an April 4 open letter. That coalition included The Alliance of Baptists, American Baptist Churches USA, Association of Welcoming and Affirming Baptists, Baptist Joint Committee for Religious Liberty, Baptist Peace Fellowship of North America, Baptist Women in Ministry, Cooperative Baptist Fellowship, New Baptist Covenant and others.

“Partisan politics have no place in our pulpits,” said Suzii Paynter, executive coordinator of the Cooperative Baptist Fellowship. “In fact, it’s the absence of that very thing — partisan politics — that gives us the power to speak with moral authority on issues of the day.”

The Center for American Progress also has called for the provision to stay in place, arguing that its repeal would usher in outside influence and political manipulation and compromise the independence of and public confidence in houses of worship.

>>> Image via Shutterstock