President Donald Trump on Thursday signed an executive order allowing religious institutions to engage in political action without being penalized by the Johnson Amendment that prohibits all 501(c)(3) non-profit organizations from endorsing or opposing political candidates.
According to the Internal Revenue Service – before May 4, 2017 – contributions to political campaign funds, or public statements of position in favor of or in opposition to any candidate for public office, were disallowed.
In recent years, many Republicans have sought to repeal the amendment—named after then-Senator Lyndon B. Johnson of Texas—arguing that it restricts the free speech rights of religious groups. But the drive to repeal has been criticized because churches have fewer reporting requirements than other non-profit organizations, and because it would effectively make political contributions tax-deductible.
All of which could mean that the new Trump executive order will go the way of several other orders issued by the new president – to a quick death in a nearby federal court.
Until such counter-action takes place, religious Jewish organizations, left and right, could use the new order as effectively as the evangelical groups to which it had been promised during the presidential campaign.
“The Founders envisioned a Nation in which religious voices and views were integral to a vibrant public square, and in which religious people and institutions were free to practice their faith without fear of discrimination or retaliation by the Federal Government,” reads the Executive Order Promoting Free Speech and Religious Liberty, which adds: “For that reason, the United States Constitution enshrines and protects the fundamental right to religious liberty as Americans’ first freedom. Federal law protects the freedom of Americans and their organizations to exercise religion and participate fully in civic life without undue interference by the Federal Government. The executive branch will honor and enforce those protections.”
Specifically, the order calls on the Secretary of the Treasury to “ensure, to the extent permitted by law, that the Department of the Treasury does not take any adverse action against any individual, house of worship, or other religious organization on the basis that such individual or organization speaks or has spoken about moral or political issues from a religious perspective, where speech of similar character has, consistent with law, not ordinarily been treated as participation or intervention in a political campaign on behalf of (or in opposition to) a candidate for public office by the Department of the Treasury. As used in this section, the term ‘adverse action’ means the imposition of any tax or tax penalty; the delay or denial of tax-exempt status; the disallowance of tax deductions for contributions made to entities exempted from taxation under section 501(c)(3) of title 26, United States Code; or any other action that makes unavailable or denies any tax deduction, exemption, credit, or benefit.”
Leftwing religious groups have been fuming over Trump’s “weaponizing religion,” by letting an enormous bunch of new players into political campaigns and further eroding the doctrine of the separation of state and church.
As to the challenges the new order is likely to face in the courts, an experienced President Trump has added a section (5) stating: “If any provision of this order, or the application of any provision to any individual or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other individuals or circumstances shall not be affected thereby.”
Which is legalese for “See you in court.”