Pastors: IRS code does not trump US Constitution

Last week, South Dakota State Senator and Gubernatorial candidate Gordon Howie challenged South Dakota pastors to start endorsing candidates. Predictably, that has become a topic of conversation here on the blogs (Ellis, Heidelberger 1  2, Blanchard, Sibson, Newquist).  Not wanting to take the time to spell out America's rich and nearly 400 year history with regard to pastors giving Election Sermons and participating in the political conversation, I thought a picture of one of my books would make the point. 

I have several volumes of these and they are full of Election Sermons -most were given inside Federal and State halls and chambers as invited clergy stood before joint gatherings of House and Senate leaders in the various states. Every voice mattered and elected officials regularly invited clergy to address the issues of the day from a Biblical perspective. It's fun reading actually because on occasion these guys were brutal in terms of calling good, good and calling bad, bad. They named names and took no prisoners. We have a couple hundred years of this rich history.

The most dangerous people in America?

Now it's "illegal" for me as a pastor to obey the Bible which admonishes me to call good, good and bad, bad.  In 1954, to silence some political foes, Lyndon Johnson quietly and without debate put forth an unconstitutional amendment to the tax code (what we call the Johnson Amendment) and churches were muted in the political conversation. In 2008, twenty-eight pastors all over the United States sought to provoke a Federal lawsuit against the IRS to challenge the Johnson Amendment. Though DVD's and transcripts of the Election Sermons were purposely sent directly to the IRS (self-reporting saved nemesis Barry Lynn some time), even so, the IRS did nothing. They work through intimidation and fear but they don't want this issue ending up in court. We do. Only one of the twenty-eight pastors received a letter from the IRS and the IRS immediately dropped the issue and closed the case. They know we are prepared to respond to their intimidation by immediately filing a Federal lawsuit challenging the Johnson Amendment in the tax code. They are a paper tiger on this issue and they know we know it.

Here's a pic of the 2008 Pulpit Freedom pastors which was taken at the Alliance Defense Fund offices in Scottsdale, Arizona in the spring of 2008. I consider this to be a historic photograph. These are men who have given their lives to serve people - do weddings, funerals, visit the sick, feed the hungry, comfort the afflicted, afflict the comfortable… they've accepted the high price calling of proclaiming God's Word in and out of season… they obey the Biblical mandate to be salt and light in society, confronting evil and darkness, calling good, good and bad, bad so that people will find their way down the path that leads to life and avoid the paths that lead to destruction.  Do these look like the most dangerous people in America?

Now to the matter of Gordon Howie encouraging pastors to speak out.

Howie is a friend of mine - I thank God for him.  If he'd have asked me I'd have advised he let someone else be the guy to raise this issue right now. Why? Because Gordon is a candidate three weeks from a primary. This is an intense and controversial issue that does not help him win the primary. He's opened himself up to headlines like Howie Seeks Illegal Endorsements - headlines which take his campaign far off message at this critical time.  (See my comments below on pastors doing something "illegal")  UPDATE: Just heard from the Howie camp and they report that Gordon raising this issue has been a great boost for their campaign - raising the profile of him as a candidate who cares about Constitutional issues, freedoms and rights.

Evaluating candidates on their moral convictions

Here's an important sentence in the Rapid City Journal article - Howie said… "I'm not standing up and saying support Gordon Howie for governor. I'm saying stand up and evaluate candidates based on their moral convictions." That's what these Pulpit Freedom pastors are doing and I know for a fact that many, many more pastors, priests, rabbis and imams are emboldened by these Pulpit Freedom pioneers of '08 to speak out this November.  However, in the South Dakota Gubernatorial and House primaries which are only three weeks away, what would we say?

At this point all I can think to say is that we are blessed to have four good and Godly men running for Governor. If you wonder who I'm leaving out that would be Dave Knudson. When pastors speak out, they must do so from the Bible and because Knudson supports the shedding of innocent blood (believing some biological humans have no rights because they, in his view, are less human than other humans) he is clearly someone not to vote for if you care anything about what matters to God according the Bible.

I can't stand up and say vote for Howie**** because I have no Scriptural justification to favor him over Munsterman, Daugaard or Knuppe. Pastors need to focus on what is clear in Scripture - good/bad/right/wrong- the leadership and fiscal nuances that distinguish these four candidates right now don't catagorize them morally as good or bad choices.  Same story with the US House race in our state.  Though it's clear Kristi Noem is the strongest pro-life candidate, Noem, Nelson and Curd all are pro-life and Godly people. Come November when the choice is between Mrs. Sandlin and Noem (I hope), then pastors can easily lift up the Biblical teachings and evaluate the candidates accordingly.

It's illegal to give a benefit to curtail a certain kind of speech

It is unconstitional for the government to grant a benefit in payment for a certain kind of speech. That's what present tax law does. However, before you conclude that churches should then lose their tax-exempt status, please consider that the churches in America are significant contributors to the nation's social welfare system. In our case we gave ten times more money to the poor in our city last year than we would have paid in property taxes. Everyone's taxes will go up if churches pull out (which they wouldn't do) because we are feeding poor people, paying their electric/gas bills, medical bills, rent, fixing their cars, etc, etc.. It is advantageous to all of society for the government to give tax breaks and benefits to encourage organizations with a mission to improve society without any personal profit.

Regarding pastors doing something "illegal"

Regarding pastors doing something "illegal," I'd remind you that IRS code does not trump the US Constitution.  (Twice the Apostle Paul defied a lesser decree and appealed to the highest law of the land (Acts 16:35-38; 23:22-29). And, aren't we all glad that in the 1950's and '60's pastors like Rev. Martin Luther King Jr. acted according to the Constitution in defying unconstitutional Jim Crow laws. Pastors then were heroic to decry those who denied rights to some because they viewed them as a lesser version of humanity. Pastor's today who speak out against that same, though repackaged, dark philosophy are no less heroes today. The bottom line for me is that somebody's moral worldview will be shaping national policy the only question remaining is whose.

**** To clarify, pastors aren't saying "vote for so and so." They are setting forth the Biblical position on issues and showing which candidates do and don't measure up to that standard. People are free to go vote for who they want and church attendance is voluntary. The angle I went with in '08 was to do a series called America's Choice.