Lynn v. Sekulow

Rev. Barry W. Lynn: September 2008 Archives

Monday September 29, 2008

Bullies in Pulpits Challenge Law

Well, about 35 pastors, most with the aid of the Alliance Defense Fund, have issued a challenge to the Internal Revenue Service's statutory authority to prohibit preachers from endorsing or opposing candidates from the pulpit using church resources. 

For example, the pastor at Warroad (Minnesota) Community Church said, "We need to vote for the most righteous of candidates..the most righteous is John McCain." And from Edmond, Oklahoma comes Fairview Baptist Church's pastor Paul Blair telling the faithful that "as a Christian and an American citizen, I will be voting for John McCain."  The Wall Street Journal reports additional pulpit endorsements in California, Texas, and Pennsylvania.  You get the picture.

In your last posting, Jay, you noted that you had defended the Church at Pierce Creek in its challenge to the prohibition on partisan politicking by churches.  Why didn't that church try to "take its case to the Supreme Court"?  Do you think it was a smart tactic for the Alliance Defense Fund to have multiple churches disobey the law yesterday?  Do you think that even with the more conservative Supreme Court of 2008 that any members believe you can't attach this non-politicking prohibition to a grant of tax-exemption?

It seems to me that all this posturing is just one more effort by the so-called "Religious Right" to gain more clout.  It is about its incessant effort to tell how Americans should act from the moment of conception until the moment of death (which you guys also want to define, by the way).  I'm willing to have preachers, pastors, priests and all other religious figures tell me how they think I should act in the most intimate areas of my life.  If I don't want to pay attention to their thoughts on intimate matters, though, I don't want them heading off to the legislature for a "moral bailout".  What's that?  It is when the clergy says: "we just don't seem to be able to use our powers of moral suasion to change people, so let's get the government to force them to change."

The aforementioned Pastor Gus Booth recently summed up his view for Religion News Service: "If we can tell you what to do in the bedroom, we can certainly tell you what to do in the voting booth."  No further comment is necessary.

Thursday September 25, 2008

Categories: Church Politicking

Pulpits and Politics: A Bad Plan for Sunday

To hear some people tell it, this Sunday is one of the most important days in the history of the American church.  This is the day when the church pulpits of America will be freed from the bondage of the state.  This is the day the church will finally be free!

Wait a minute.  Isn't the church in America free now?  Isn't "pulpit freedom" what our forbears demanded?  Isn't this freedom what permits the late Reverends Jerry Falwell (on the right) and William Sloane Coffin (on the left) to speak from the pulpit about the moral issues of the day no matter how many people disapproved of their comments?  Isn't this the "pulpit freedom" that inspired the Rev. Jeremiah Wright, the Rev. Dr. Martin Luther King, and thousands of other bold, and sometimes wildly controversial, preachers to speak what they considered "truth to power"?

Well, yes.  However, a group called the Alliance Defense Fund (ADF), which raked in about $31 million last year, has decided that the pulpit is not free enough.  

They oppose a law passed in 1954 that  religious groups are prohibited by the Internal Revenue Code from using their resources--including preaching time on Saturday or Sunday--to "endorse or oppose candidates for public office."

Dale Schowengerdt, an ADF attorney working on the project, told the L.A. Times: "The bottom line is that churches and pastors have a right to speak freely from the pulpit.  They should not be intimidated into silence by unconstitutional IRS regulations or rules."

In other words, the one "limitation" on receipt of a tax exemption under Section 501(c)(3) of the tax code--the very valuable privilege of a tax exemption--is to not turn your church into a political committee to help any candidate in a partisan fashion.  This Sunday they want preachers to deliberately violate this prohibition.

To start this discussion, Jay, let me suggest three reasons why the Alliance Defense Fund ought to call off this stunt.  We both know its director Alan Sears.  Maybe we could offer to take him to church, lunch and a movie on Sunday instead of watching pastors at his direction preach sermons including pulpit endorsements and risk losing their tax exemptions?

First, they do not have the Constitution on their side.  Indeed, a congregation called the Church at Pierce Creek did have its tax exemption yanked in 1995 for expending $44,000 in church receipts on a full page ad in USA Today demanding that the public not vote for Bill Clinton.  They went to trial; they appealed to the federal appeals court for the District of Columbia and not one judge agreed they had a First Amendment case. 

In other words, they lost and had to start a new church.  Now, if churches were losing their exemptions every week and Christendom were threatened with extinction, the ADF might have a bit more credibility.  In fact, the IRS does take its responsibility seriously and does investigate and sanction some churches when they cross the line.  Frankly, I think they give too many churches "passes" they don't deserve.

Second, most pastors want nothing to do with this scheme.  A recent survey of evangelical leaders overwhelmingly showed that they do not want to endorse candidates in their official capacity nor divert collection plate receipts to their favored candidate. This deeply divides congregations when it occurs, and in one case from the last Presidential cycle, even caused a North Carolina congregation to fire its pastor. 

And most Americans don't want their churches to endorse political candidates, either. LifeWay Research conducted a poll asking whether "it is appropriate for churches to publicly endorse candidates for public office." Seventy-five percent said "no!"

Even more Americans (85 percent) disagreed with using church resources to campaign for candidates for public office.

Finally, were this law changed, it would create a giant loophole in campaign finance reform laws--allowing churches to collect money from anyone and then use it to influence voters.  Local churches in some areas have great power.  Mega-ministry television preachers like Pat Robertson have even greater power.  Use it to discuss issues; not endorse candidates.  

Tuesday September 23, 2008

PEACE CHURCHES: Why Not Ask Iran About Peace?

Jay, you are half right in discussing the reception (I'm not sure why you characterized it as a "celebration") to be given by 25 significant religious groups for Iranian President Mahmoud Ahmadinejad.  He is, of course, a revolting figure in so many ways.  He is the puppet of the most extreme clerics in Iran.  His comments about the Holocaust, about gay people (who don't exist in Iran, he noted to an audience at Columbia University earlier this year), the death penalty for heretical religious views, and so many other topics should shock the conscience of any thinking persons.  It was a mistake to offer him the opportunity to give an address on any topic, including "religious contributions to peace", a subject about which he has a monumental level of ignorance.

What is not a mistake is to have American religious figures meet with him--and ask him hard questions.  As some of the comments on your post suggest--and as I know from experience with Quaker and Mennonite groups--the President will not have a free ride anymore than the Columbia audience gave him one.  I hope that when the session is over, the religious representatives will come out and tell us what was said: the good, the bad, and the ugly.

Curiously, in between my speeches in the South this week, I had a chance to see our President's final (thank goodness) speech to the United Nations General Assembly today.  After all the distortions, fabrications and hypocritical nonsense he and Condoleeza Rice (and, yes, Colin Powell as well) have uttered about the United States' war in Iraq, I wondered: would President Bush meet with all these peace-saturated churches?  I'm not suggesting Presidential moral equivalency here--just pointing out that for a man who believes (as Sarah Palin does) that this is a war God wanted us to fight--he should have been willing a long time ago, to get a second spiritual opinion.  Too much to ask, Jay?

Saturday September 20, 2008

Obama Evangelical Vote: Still Looking

Jay, I know you were at the annual Religion Newswriters Conference the other day and may have seen first-hand pollster John Green's startling-to-some news that after all the hyped up effort by Democratic Party officials to go after evangelicals, evangelicals are sticking with Republicans.  It appears that the numbers are virtually the same now for Obama as they were for Kerry at this time in the 2004 election cycle.  Apparently this is true even though the Washington Post informed us a day earlier that one Obama operative is trying to figure out how to use Christian music to get votes.

As I've said before, I don't do solicited advice for any candidates: I prefer to give them all unsolicited advice though. My thoughts for the Democrats: don't let the tail wag the dog on this religion issue.  One of the reasons about half of the electorate likes your candidates is because they often say that the agenda of the religious right is a bad one; they sometimes remind us that politicians aren't supposed to impose their religious views on everybody else.  That resonates with the real Constitutionalists that are so often a part of Democratic Party victories. On the other hand, people of faith have been voting for Democrats for years based on the belief, which no pundit or spin doctor had to tell them, that at least since the Sixties, Democrats have been talking a lot more than Republicans about the kind of issues Jesus championed in the Sermon on the Mount.  (I always found it curious that as Republicans went ga-ga over posting the Ten Commandments, I never heard anybody want to post the thoughts of that peacenik, poverty-opposing preacher on the mountain.)

John Green did point out, however, that Latino Protestants and Catholics are a bit more inclined toward the Democratic Party this year.  Could this perhaps be the result of the newly articulated distaste for immigrants by the Religious Right?  Could this be because (to bring this up again) the "Values Voter Conference" had a number of well-known anti-immigration advocates included CNN's Lou Dobbs prominently presented?

And, Jay, I have known you long enough to know that you don't use the kind of rhetoric I cited in my last post that came from speakers at last weekend's conference (and the quotes are accurate).  I just think it is important that people right, left and center condemn vitriol when they hear it.

Thursday September 18, 2008

STILL LOOKING FOR ANSWERS

I've been getting more information in about last weekend's "Values Voters" confab in Washington, the place where the "Obama Waffles" booth was located.  Speaker Star Parker referred to public schools as "cesspools" and claimed that taxing the rich was a "violation of the Scripture".  Fox News host Sean Hannity ripped into Senator Edward Kennedy with bad alcohol "jokes", as if he didn't even care that the Senator is being treated for a potentially lethal brain tumor.  Less than polished actor Steven Baldwin announced that attendees should start "kicking butt for the kingdom of God".  And on Tuesday, the "Obama Waffles" people officially announced that their product is not racist.

Please, Jay, just concede this rhetoric and these explanations are ridiculous, mean-spirited, and obnoxious (or at least one of the above).

Tuesday September 16, 2008

Categories: Election '08

LEFT HANDED METHODISTS FOR OBAMA

There is a belief, widely shared in the Obama camp, that there is a plethora of voters out there who are dying to vote for a Democrat if they can just be convinced that he or she is truly religious. ...

Sunday September 14, 2008

Categories: Courts, Election '08

DISCRIMINATION ONE: MEET DISCRIMINATION TWO

I know you are happy about the verdict in the Teen Challenge case.  Frankly, I have never been convinced this case was really about religious discrimination.  It always seemed to me to be one more sad example of the NIMBY...

Friday September 12, 2008

Freedom of Religion Is Absolutely Protected; Fraud Not So Much

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Wednesday September 10, 2008

Predicting the Future: In Defense of Fortunetelling

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Monday September 8, 2008

Categories: Abortion

HHS Regs: Patients should come first

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Saturday September 6, 2008

Categories: Abortion

Proposed HHS Regs: Bad Law, Bad Science

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Friday September 5, 2008

Here's the Next McCain-Palin Risk: The FRC Conference

Next weekend, the far-right-of-center Family Research Council will convene (what else?) a far right conference in Washington DC.  They certainly want both McCain and Palin to show up.  Here's the rub: will these candidates want to risk showing up at...

Thursday September 4, 2008

Palin Homerun May Have Been In Wrong Ballpark

Governor Palin's speech was seen by many observers, in pundit parlance, as a "homerun".  Unknown a week ago, and after a pretty mediocre appearance with McCain last Friday, she gave a smart, snappy, unexpectedly direct speech which was partly done...

Wednesday September 3, 2008

Stop The Presses!

I literally did see a rainbow over here in Ireland about the time an important case was being argued before the Supreme Court of Florida.  I did not find any leprechauns with or without pot of gold. However, here's the prize as...

Tuesday September 2, 2008

Ireland Wants To Know: The Theology of Hurricanes

I'm sure we'll debate evolution and intelligent design a great deal more as this blog continues.  I met a guy over in the "Emerald Isle" who posed a question more theological than legal, but I told him I'd blog in...

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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