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Jay Sekulow's Trial Notebook
      
Freeing Our Pulpits

Since 1954, the Internal Revenue Code has had a prohibition against pastors and other clergy endorsing or supporting candidates for public office.  This legislation was slipped into the 1954 Revenue Code review by then-Senator Lyndon Johnson.  Sen. Johnson was under pressure from church leadership in Texas and he found a convenient way to silence their voice.  This prohibition is far different from the basis upon which our country was founded.  In fact, during the Revolutionary War, pastors of America continually preached from their pulpits against the tyranny of Great Britain and of the desire to found a new government.

In a recent email to our American Center for Law & Justice membership, I noted a recent letter that was sent out by Americans United for Separation of Church and State.  This organization has sent tens of thousands of letters to pastors throughout the country warning them of the Internal Revenue Service Code and sanctions if they were to breach it.  Interestingly, in response to my email, Americans United did concede that pastors do have the right to speak out on the moral and biblical issues of the day, even during election season.  Americans United went on to say that all pastors are prohibited from doing is endorsing or opposing candidates for public office.  By the way, that prohibition does not apply to the pastor in their individual capacity.

As the election season approaches, it is important for church leaders to understand that the distribution of nonpartisan voter guides, the holding of political debates, and the preaching of moral issues are all allowed to take place in the church facilities.  If you want more information about your rights as a pastor during the political season, please click here.  As our comprehensive memo explains, “Voter registration and get-out-the-vote drives will not be considered as ‘participating or intervening in a political campaign’ so long as activities are conducted in a neutral, unbiased and nonpartisan manner.”  The memo also notes that “Public charities, churches and synagogues may also prepare and distribute voter guides which include all viable candidates for an office, within certain guidelines which must be strictly followed.”

I am hopeful that Congressman Walter Jones’ legislation, which would free churches so that pastors can speak out on candidates, will ultimately pass during the next congressional season.  It is high time for our churches and pastors to be given the same free speech rights as everyone else!