The Alliance Defense Fund tapped 33 pastors in 22 states to make explicit recommendations about political candidates from the pulpit today. AP:
The conservative legal group plans to send copies of the pastors’ sermons to the IRS with hope of setting off a legal fight and abolishing restrictions on church involvement in politics. Critics call it unnecessary, divisive and unlikely to succeed.
Congress amended the tax code in 1954 to state that certain nonprofit groups, including secular charities and places of worship, can lose their tax-exempt status for intervening in a campaign involving candidates.
Pastor Jody Hice of Bethlehem Baptist Church in Bethlehem, Ga., said in an interview Sunday that his sermon compared Democrat Barack Obama and Republican John McCain on abortion and gay marriage and concluded that McCain “holds more to a biblical world view.” He said he urged the Southern Baptist congregation to vote for McCain.
The organizers of Pulpit Freedom Sunday are convinced that the protest will result in a court challenge to the law. Mr. Stanley said the law was so unclear that, “I anticipate getting to federal court, certainly the appeals court.” But Robert W. Tuttle, a professor of law and religion at the George Washington University Law School, found that unlikely.
“It’s settled law,” Professor Tuttle said. “People can unsettle law that’s settled, but I think that it is very, very unlikely that a lower federal court would reach any other conclusion except that religious organizations have no constitutional right to engage in political speech while accepting deductible contributions.”
On the merits, Tim Rutten says it’s a bad idea:
Let’s imagine that the Alliance Defense Fund and its clerical clients were to persuade the Supreme Court to overturn the Johnson amendment’s ban on political endorsements from the pulpit. At that point, what would prevent wealthy ideologues from making tax-exempt contributions to sympathetic pastors’ churches for the express purpose of engaging in partisan electioneering? For that matter, what would prevent ambitious pastors from soliciting just such contributions and then using them to bind like-minded ministers into powerful political machines?
Separation of church and state, as we know it, would be in shreds — and the process wouldn’t stop there.
Via On The Media.