Lynn v. Sekulow

Recently in Church Politicking Category

Tuesday June 23, 2009

Categories: Church Politicking

Liberty University Changes Partisan Policy

The Lynchburg News and Advance reported on Liberty University's announcement yesterday that it was changing its policy in regard to student political clubs.  From now on, no partisan clubs, even the Republican Club, will be given "official" status or receive any student funding.  This is a significant step in the right direction.

As I mentioned before, I felt strongly that the previous policy of granting the campus Republicans preferential treatment  was a sort of "in kind" contribution to one party that could jeopardize Liberty University's tax exempt status.  Americans United actually filed a formal complaint with the Internal Revenue Service suggesting a timely investigation.

Friday May 22, 2009

Liberty University to Democratic Students: Drop Dead

Jay, just a few days ago I was a participant in an event on "church politicking" at the National Press Club here in Washington.  The event was reported by your friends over at the Christian Broadcasting Network.  The focus of that afternoon was principally on whether pastors do or do not have the right to endorse candidates in sermons.  The Tax Code suggests they do not--and I argued that was the correct position.

Today, the Washington Post reports that Liberty University, founded by the late Dr. Jerry Falwell, has just terminated the right of the Democratic student club to be recognized at the university.  Effectively, Liberty has declared itself a Democratic Party-free zone.  This is quite shocking, violating basic tenets of free speech, free association, and even religious liberty (can't you be a Democrat and religious?). 

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Friday October 24, 2008

Of Bishops And Signs: Finding New Ways To Flout Federal Tax Law

As noted in my last post, if that school assignment was to draw anything you want (and that's the end of the story), then you were right to intervene.  I would have done the same if her mother had called me.

Now, we have been in longtime disagreement about politicking from the pulpit-- I like the 1954 provision of the IRS Code that allows for discussion of political issues but strictly prohibits actions that constitute endorsement of or opposition to any candidate for public office.  Recently, about 31 pastors violated that provision with the encouragement of a group called the Alliance Defense Fund, and they hope to create a test case for what they erroneously call "pulpit freedom."

Two religious bodies have now gone way beyond the idea of speaking out on a Saturday or Sunday morning in praise of somebody's election. 

Let's start in New Jersey.

The Roman Catholic Archdiocese of Paterson, N.J., has published a letter on its website and in the diocesan newspaper by its bishop Arthur J. Serratelli.  In it, Serratelli "cleverly" never mentions the name Barack Obama but suggests that "the present democratic candidate" (who could that be?) is comparable to the biblical monarch Herod Antipas, the fellow who ordered the beheading of John the Baptist.  Serratelli then goes on a screed about how in this election we either "choose to respect life...or we sanction the loss of our most basic freedom".  The Archdiocese denies it's an intervention against Obama. 

Jay, I'd like to think you would agree that it is obviously partisan politicking even if you think the church should be allowed to do it.

And, then, let's move over to New Mexico. There, the Rock Christian Fellowship in Espanola posted two large photographs on its building.  One showed a smiling baby; the other the remains of what appears to be an aborted fetus.  Under the healthy baby are the name of three Republican office seekers, including John McCain; under the fetus, the names are of three Democrats including Barack Obama.  Below the whole display: "YOU WILL DECIDE."

Leaving aside seriously sight-impaired individuals who cannot see this presentation, can anyone believe this is not a blatant anti-choice message combined with a clear and unequivocal "vote Republican" add-on.  Without any reference to the election, a church can put up pretty much anything; with the candidate endorsement it is a clear violation of the law.  Pastor Michael Naranjo told the local paper : "I'd rather lose my 501 c (3) than lose my soul."

If the IRS does its job, he should get his wish.

Wednesday October 15, 2008

The Final Debate - An Important Opportunity

The fact that tonight represents the final debate between Senators McCain and Obama at Hofstra University on Long Island also marks the final opportunity for these two candidates to address - in a debate format - key issues that have been virtually ignored in this campaign.

 

The fact is that these candidates - and the media - have paid little attention to issues that millions of Americans want discussed:  the future direction of the Supreme Court, judicial nominations, abortion, marriage, and even issues like the role that religion and faith should play in the public square.

 

Sure, there are some reports about how the candidates approach such issues like abortion, but the fact is there is very little discussion of these issues by the candidates themselves.

 

With one of the largest audiences likely to watch the final debate tonight, CBS News' Bob Schieffer will direct the discussion.  He has said that he intends to seek more specifics from the candidates. "By now we've all heard their talking points," he said. "We've heard the general outlines of what they are talking about. The time has come to be a little more specific."

 

I would like to see some of these questions asked:

 

1.  With the next president likely to have the opportunity to make multiple appointments to the Supreme Court, who would you consider specifically as potential nominees?

 

2.  How should the courts interpret the Constitution?  What is your judicial philosophy on how the Constitution should be interpreted?

 

3.  Should partial-birth abortion remain illegal?   Do you believe Roe v. Wade should be overturned by the Supreme Court?

 

4.  The state of Connecticut became the third state recently to legalize same-sex marriage.  Should the legal definition of marriage be changed to accommodate relationships other than marriage meaning the union of one man, one woman?

 

5.  Do you support a return of the "Fairness Doctrine" - a measure that would hamper the free speech of Christian broadcasters by requiring them to offer 'equal time' to opposing viewpoints?

 

6.  Should pastors and church leaders be permitted to endorse political candidates without losing their tax-exempt status?

 

Sure, the economy is at the top of everyone's list as we await the debate tonight.  We expect and know there will be plenty of discussion about that topic.  Barry, do you see anything wrong with the candidates addressing these and other questions that are of interest to millions of Americans?

 

 

Wednesday October 1, 2008

No Fix Needed in Apples and Oranges Matchup

I'm glad that you appear to agree with me that there is no obvious basis for believing the Supreme Court would surely rule the current "no partisan politicking" rule unconstitutional.  Of course, I don't want to see a "fix" of this non-existent problem by Congress either.

I just wanted to respond to one point you made about unions.  Congress has decided that unions (as well as some veterans' organizations) can be tax-exempt and still engage in some partisan activities.  However, Congress has also decided that most tax-exempt groups will be placed in the category of a 501 (c) (3) organization--all of which are treated identically.  For them, there is a complete bar on partisan politicking because they all are supposed to have as their principal purpose educational, religious, or charitable activities. This seems completely rational to me.  Jay, if you want to stop unions from having a dues exemption, you'll have to take it up with Congress.

Tuesday September 30, 2008

A Legislative Fix is Needed

Barry, I am sympathetic with the frustration felt by many pastors who try to fully articulate their religious worldviews during the election season while having to censor themselves due to the IRS gag rule. As I have stated before, I...

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...

Friday September 26, 2008

"Big Brother" Has Got to Go

Barry, we both agree that our constitutional tradition continues to recognize the freedom to speak from the pulpit about the moral issues of the day. We obviously disagree, however, on whether "Big Brother" government surveillance, investigation, and punishment of churches...

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...

Friday August 22, 2008

LET THE RECORD SHOW...

Let's me return to the Pew poll one more time.  It is a rich document for the statistically inclined.  I just wanted to reiterate that two thirds of the public does not like pastors, priests and other leaders using their...

Friday August 22, 2008

Religion and Politics: The Rest of the Story

The trends that Barry cited are interesting, but the Pew Research poll has other important findings that should be noted:   ·         "Roughly comparable numbers say political leaders express their religious beliefs too much (29%), too little (36%) or the...

Monday August 18, 2008

Categories: Church Politicking

You Have the Right to Remain Silent

Barry, I think Senator's staff handled this properly. He played by the rules. He is not under an obligation to give any of us a detailed account of who he was talking to. I can't imagine that they would just...

Sunday August 17, 2008

Saddleback: Biased Questions and A Big Mistake

Let's get to the big mistake first: Barack Obama should not have agreed to do this.  If I were the Senator I'd be looking for a time machine this morning and go back to the day I agreed to show...

Saturday August 16, 2008

Categories: Church Politicking, Courts

Good Question Rick

I am watching the Saddleback Presidential Forum. Sen. Obama is currently being questioned by Rick Warren. Rick just framed the Supreme Court question in a very interesting way. Rather than the typical "Who is your favorite Justice?" question, Rick asked...

Saturday August 16, 2008

Conspiracy Theory Begins

Rick Warren certainly did not want to share the official limelight with anybody from the religious right to the religious left. So,Jay, I wouldn't worry too much about any conspiratorial cabal of progressives managing the conversation tonight.  (However, I understand...

Friday August 15, 2008

Categories: Church Politicking

Who is preparing Rick Warren?

I have received a large number of emails today from people concerned about who is preparing Rick Warren for the forum. Barry suggested Rick should not be the one asking the questions. The rumors are that a "religious left group"...

Tuesday August 12, 2008

Presidential Politics & the Church - a Purpose Driven Forum

Let me say at the outset, that I am a fan of Rick Warren, Pastor of Saddleback Church in California.  His book, The Purpose Driven Life, has encouraged tens of thousands of people, and his ministries have had a global...

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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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