Ban on Partisan Pulpits Protects Religious Freedom


That small little law known as the Johnson Amendment, which prohibits electioneering by houses of worship and other charities and which President Donald Trump has vowed to repeal, is exceptionally important to preserve. Even if it is not widely enforced, the permission it grants to the Internal Revenue Service to pursue violators is critical to the protection of religious communities and the integrity of government.

There exists a teaching in the scholarly discussions of Jewish law that translates roughly as, “It may be the rule, but we do not teach about it publicly.” It is invoked sparingly, almost always when a person is technically allowed to do something that would nonetheless prove harmful to others. Think of the straw that used to be left on the roadside for people to use when cleaning up after their animals. The straw was technically ownerless and could be taken by any passer-by for private use, but the Talmud directs us to not encourage such behavior.

I can think of many corners of our society that would benefit from this sort of restraint. The Johnson Amendment, which has been targeted by the religious right for elimination, is near the top of the list.

The amendment is a part of the tax code governing tax- exempt charities. In exchange for the opportunity to offer tax deductions to donors, the nonprofits — including, but not limited to houses of worship — agree that neither the organization nor anyone representing it will endorse or oppose a candidate for office. Issue advocacy is fully permitted, but electioneering is not. It seems an eminently reasonable standard, especially since no one, including clergy, is restricted from endorsing in a personal capacity.

It is no secret that this law is rarely enforced. But of all the things right-wing preachers might get exercised about, they seem to be sinking millions of dollars into claiming that their First Amendment rights have been trampled by the Johnson Amendment, and they are demanding its repeal.

That would be exactly the wrong move for American democracy and religious freedom. The Johnson Amendment may be rarely enforced, but it is a critical guidepost. And just because people could get away with violating it, that doesn’t mean they do so.

The rules of civil society are important, enacted to promote the general welfare, as the Constitution suggests. And for those people with less integrity, even a small threat of sanction makes them think twice about the consequences of getting caught.

If you are clergy, you should oppose the assault on the Johnson Amendment. Thankfully, polling shows that you already overwhelmingly do.

Rabbi Jack Moline is president of Interfaith Alliance.

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