The Johnson Amendment: Rest in peace?


By Richard D. Land - Posted at The Christian Post:

Just prior to Thanksgiving, arguments were heard in a Texas federal courtroom on a legal case that will, in all probability, have far-reaching ramifications on how churches and people of faith engage in future public political debate in American life.

The legal shorthand title of this volatile and important case is National Religious Broadcasters v. Long. The full title is:

National Religious Broadcasters, et al.
Plaintiffs
v.
Billy Long, in his official capacity as
Commissioner of the Internal Revenue Service et al.
Defendants

Joint Motion for Entry of Consent
Judgment

In effect, this case represents an agreement between the Internal Revenue Service and the National Religious Broadcasters Association (representing thousands of pastors and religious broadcasters) that the Johnson Amendment unconstitutionally proscribes Americans' constitutional First Amendment freedoms of speech and religion.

What is the “Johnson Amendment?” It was language added to the tax code in 1954 while Senator Lyndon Johnson was Senate Majority Leader. Senator Johnson was in the midst of a really ugly re-election campaign in which a prominent fundamentalist preacher was stridently attacking Johnson.

The Johnson Amendment forbids all tax-exempt organizations, like churches and charities, from “directly or indirectly” engaging in politics, specifically by endorsing or opposing candidates. Ever since then, the Johnson Amendment has been used to try to intimidate churches and religious organizations from endorsing candidates by threatening their tax-exempt status.

In reality, the government’s “bark has been worse than its bite,” with very few churches ever being formally threatened. However, it has had an impact by intimidating many churches and religious organizations from participating in the political and moral dialogue of the nation’s elective life for less than they otherwise would have done.