Charles Haynes: Pastors, politics and the wink-wink rule
Charles Haynes has this article on the First Amendment Center discussing ADF’s Pulpit Project and IRS rules. He writes:
It isn’t clear to me, however, why banning partisan politics from the pulpit is required by the First Amendment. The establishment clause, after all, limits government — not religious groups. In fact, it could be argued that government monitoring of what is preached in houses of worship is a greater threat to religious freedom, including the separation of church and state, than pastors endorsing politicians or parties . . .
But it’s also debatable to what degree this is a “free speech” issue. Tax exemption is a government benefit with strings attached. All charitable groups recognized under Section 501(c)(3) of the Internal Revenue Code are subject to a ban on electioneering activities. If churches don’t want restrictions, they can forgo exemptions.
It strikes me, at least, as good public policy to require that charities, including religious groups, refrain from partisan politics in exchange for a tax benefit designed to serve the common good . . .
Haynes seems to assume that tax exemption for churches is dependent on 501(c)(3) as it is with other charities. Historically, our country has operated on a different assumption.