By James Wilson
One of Donald Trump’s most encouraging promises – for people exercising faith in America – would repeal the Johnson Amendment to the federal tax code. (His opponent is silent.) This amendment is such an assault on religious freedom courageous leaders – at the urging of Pastor Jim Garlow, Skyline Church, San Diego – deliberately and publicly defy it annually. So far the government has never taken up the thrown gauntlet, but the threat is real. What is the Johnson Amendment?
Named for its author – then Congressman and later President Lyndon Johnson – the 1954 amendment forbids faith leaders to endorse candidates for political office; their churches are likewise forbidden to endorse. Loss of their tax exemption is the threat. The amendment does not forbid comment or endorsement on issues of any kind. But the threat is as real as the prohibition is utterly unconstitutional.
The amendment is justified by its fans on grounds that other exhorters of political views must pay their “fair share” of taxes; they say Johnson is simply about a level playing field. There are two problems with this viewpoint. The first is the long history – all governments do it and a good case can be made for it in a democratic society – of using tax policy to encourage what government sees as good behavior and discourage what it calls bad behavior. Most civil rights legislation – as one praiseworthy example – grants tax incentives to those who operate bias free and withdraws federal funding from those continuing their discrimination. Taxes are likewise reduced for companies who invest in their communities and vice versa. But churches do not produce product – their socio-political reason for being is to present an alternative vision to the secular status quo. This has been so since the time of the Old Testament prophets – and not before or in other faiths – when a Nathan or an Elijah would routinely confront kings with wrongdoing. If government can tax churches for verbal intervention in secular affairs it can inhibit the Church from doing its job.
Where would our nation be if colonial pastors had not thundered – and cajoled – from their pulpits in the name of liberty and the rights of created persons? Multiple studies have amply documented the direct correlation between the preaching of the Gospel in practical and social terms and the political and social institutions that came uniquely to life in our country. The tradition has continued through the abolition of slavery and the humanization of industrialization. Secular corporations can make a value judgment on minding their business or speaking into the life of the community. Churches have but one business – speaking into the life of their community whether to individuals or constituencies.
The second reason is far more important. One of the prime reasons for transplanting or first-time-planting churches in Colonial America was the desire to escape the religious strait-jacketing of established churches back home. The First Amendment was planted in the new Constitution to protect people of faith from government, not the reverse. People objected to establishment of religion not because government might force them to pray but because prescribing how they prayed forced the independent churches to their knees at the government altar. The framers never gave a thought to protecting government from faith; it was always the other way around.
Those who advocate muzzling churches forget – or ignore – the reality that people of faith have a God-given right – recognized without being bestowed by government through the Constitution – to speak into the life of the nation in any way they choose. That is what the Constitution says and – so far – what the courts have always held that it says. The Johnson Amendment has never been challenged in court because federal tax men have feared invoking it. However, it should be repealed and my prayer is that a President Trump remembers his promise early in his term. The amendment is good for nothing but intimidation.
That said, it is not up to Donald Trump or any other president to be the defender of the churches in their right to comment on issues or endorse candidates who share their values and worldview. It is up to the men and women who claim the mantle of God’s calling to wear it well. That means we cooperate with government when we can do so in the practice of our faith and defy government when it seeks to shape our faith.
Any Christian leader who lacks the courage to tell the Sanhedrin to mind its own business has no business in leadership. Conversely, those who obey God rather than men deserve to be followed into the abundant life of Christ on earth.
James A. Wilson is the author of Living As Ambassadors of Relationships and The Holy Spirit and the End Times – available at local bookstores or by e-mailing him at
praynorthstate@charter.net
