Rev. Ken Hutcherson has made a name for himself in the Seattle area as an anti-gay defender of the sanctity of marriage. He tried to organize a boycott against Microsoft when they first extended health benefits to same-sex partners of employees, years ago.
I attended Antioch Bible Church last Sunday to hear Rev. Ken Hutcherson speak on a different topic. It was Pulpit Freedom Sunday, and “Hutch” said that 1500 churches would be participating by breaking IRS rules against politicking from the pulpit. Church-state separation is fine, but to him this means that the state should stay out of the church and the church can say what it wants about politics.
At the end of the service, he brought up three local politicians and endorsed them. He said that this would all be taped and sent to the IRS. Though he joked about hoping that people would visit him in jail, his bold action wasn’t particularly dangerous, both because of the safety of the herd and because the IRS has been toothless about responding to provocations like this.
Consider the logic of Hutcherson’s position. He positions this as support for free speech rights. Ordinary citizens can publicly endorse candidates, so how could this be denied to churches?
But, of course, this comparison is flawed. Ordinary citizens aren’t offered nonprofit (IRS 501(c)3) status, so they don’t need to obey Internal Revenue Service rules constraining political activity. By contrast, churches eagerly accept this contract, but the obligations go both ways.
In return for parishioners’ being able to deduct their church donations from their income when computing tax owed, churches agree to certain rules:
Thou shalt not participate in any political campaign, either for or against any candidate.
Thou shalt not make any partisan comments when acting in a church capacity.
Thou shalt not contribute money to a political campaign.
Thou shalt not excessively lobby government.
Issue advocacy is allowed, but thou shalt not use it to make an implicit endorsement of a candidate.
But the IRS is righteous and just, and churches may organize non-partisan voter education activities, voter registration, and get-out-the-vote drives. Religious leaders speaking for themselves can say whatever they want, and they can speak “about important issues of public policy.”
For his sermon, Hutcherson used the first verses of Romans 13.
Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. (Romans 13:1)
Churches enter into IRS tax-exempt status of their own accord. If they don’t like these constraints, they don’t have to declare themselves nonprofits. This isn’t a free speech issue; it’s a contractual issue.
I wonder if Reverend Hutch remembers “Let your ‘Yes’ be yes, and your ‘No,’ no” from James 5:12. That is, there should be no need for the Christian to say “I swear to God” (and risk violating the Fourth Commandment against blasphemy) because he should be a man known for keeping his word.
To Church leaders: if the IRS constraints against speaking out on political issues are a problem, then don’t enter into a contract with the IRS. Drop your nonprofit status, tell church members that they can no longer deduct donations, and then give your opinion about any candidate or issue.
But to keep your nonprofit status, you must follow the rules.
If what you’re saying is that the whole relationship between religious nonprofits and taxes should be critiqued, I’ve written a lot about how messed up that is (here, here, here, here, and here). I’m happy to see some sunlight let into that issue, but I doubt you are.
Congress has not violated [an organization’s] First Amendment rights
by declining to subsidize its First Amendment activities.
— U.S. Supreme Court, Regan v. TWR (1983)
Photo credit: Wikimedia