Pulpits and Politics: Why the two don’t mix
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By Sally Hawkins // Faith + Politics // EEW Magazine Online
Leading up to Election Day, Vice President Kamala Harris is urging churchgoers to vote for a specific candidate in a video message that more than 300 Black Virginia churches have agreed to play.
But playing Harris’s plea to elect gubernatorial candidate Terry McAuliffe could violate the law according to some legal experts, demonstrating why pulpits and politics don’t mix.
Terry McAuliffe is running for election for Governor of Virginia. He is on the ballot in the general election on November 2, 2021. (Credit: Getty)
Political experts that warn against using the church to promote politics point out that churches, which are tax-exempt under Section 501(c)3 of the IRS code, are prohibited from endorsing candidates.
Jonathan Turley, a professor at George Washington University Law School, cited the Johnson Amendment, a statute pertaining to tax-exempt entities. It says they "are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of [or in opposition to] any candidate for elective public office."
In Harris’s video she says, "I believe that my friend Terry McAuliffe is the leader Virginia needs at this moment,” adding, “Early voting has already started, and this is the first year that you can vote on Sunday, so please vote after today's service, and if you cannot vote today, make a plan to go vote."
This type messaging may cross a line. Furthermore, politics can be extremely divisive, as individuals with opposing political views attend the same churches. If ministries are perceived to be politically biased, this can isolate those who would otherwise attend services to have their souls fed.
Moving away from spiritually-focused messages in favor of politically-charged rhetoric is a no-no—and not just because leaders stand to lose members. They also could lose their tax-exempt status.
The Johnson statute also states that "contributions to political campaign funds or public statements of position [verbal or written] made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes."
Jean Baran, a partner at Holtzman Vogel Baran Torchinsky & Josefiak PLLC, spoke to Fox News and suggested that the statute may not apply to Harris’s video.
"This assumes the church is speaking. Are the pastors making the statements or Harris?" Baran asked.
However, Turley opposes Baran’s line of thinking, noting that the actual rule “includes participating and specifically references publishing or distributing statements.”
Turley added, “Moreover, the church speaks by featuring the video, particularly knowing in advance that the video will be calling the faithful to vote for McAuliffe. It is actively seeking to distribute that message to the faithful."
While participating nonprofit religious organizations may not be penalized in this instance, churches do need to be more careful about dibbling and dabbling in politics.
When it comes down to it, Jesus Christ is neither Democrat nor Republican. He did not die to endorse a political candidate but to establish God’s Kingdom on earth.
