Preaching politics: Faith leaders find positives in IRS stance on endorsing candidates, but also urge caution

ALBANY — Some Long Island faith leaders say an IRS court filing that opens the door for churches and houses of worship to endorse political candidates could provide more flexibility to address social issues, but most urge caution when preaching politics at the pulpit.

"We advocate for policy, for humanity, but not for candidates," Rabbi Howard Buechler, of the Dix Hills Jewish Center, told Newsday. "We want to keep a separation of church and state, because it is how a democracy works best."

Tax-exempt 501(c)(3) nonprofits, including churches and charities, are prohibited from engaging in political campaign activity under a 1954 law known as the Johnson Amendment, named for then-Sen. Lyndon B. Johnson, of Texas. Organizations that violate the law risk losing their tax-exempt status, but tax analysts say it’s rarely enforced by the IRS.

A July IRS court filing, however, took it a step further, saying political views shared internally by a house of worship to its congregation through the "lens of religious faith" are not covered by the amendment. The IRS made the motion for summary judgment as it aims to settle a lawsuit with two Texas churches and a Christian broadcasting association which argue the amendment violates their constitutional rights, including the right to free speech and exercise of religion.

The court filing essentially gives faith leaders the go-ahead from the IRS to endorse candidates to their congregations, tax analysts, legal and political scholars told Newsday.

There's a fear the move could embolden some religious leaders to go even further, putting out lawn signs, endorsing a candidate in their bulletins or, in extreme cases, collecting campaign dollars for candidates.

"You see this slippery slope and I don’t know where that will end, but certainly some will push the envelope and we’ll see what happens. Does the IRS come after them?" said Ronald J. Colombo, professor of law at the Maurice A. Deane School of Law at Hofstra University.

President Donald Trump, whose strongest supporters include white evangelicals, has called for the repeal of the Johnson Amendment and Republicans have introduced legislation in Congress to do so.

Some Long Island religious leaders say the change could provide more flexibility for them to speak on political issues and give a voice to underrepresented communities, such as immigrants who are new to the process.

"The congregants become more aware of the political process ... and they know they have a relevant seat at the table once there is a civic engagement," said Isma Chaudhry, a board member and past president and chair of the Islamic Center of Long Island in Westbury.

There’s a big "however," she said. "I am very concerned that that distraction will take the ethics and the value out of the religion’s focus and my other biggest concern ... is polarization, not just within the community but in various diverse communities."

Mother Cecily Broderick y Guerra, of Christ Church in Sag Harbor, said she believes it would be "potentially harmful" to the congregations if religious leaders endorse political candidates.

Not only do the congregants she serves come from a mixture of political backgrounds, lifestyles and economic standings, but the ethical religious standards she teaches — "what would Jesus do?" — do not fit neatly into one party, Broderick y Guerra told Newsday. Endorsing a candidate could detract from her work "building community across difference," she said.

And congregants may be less likely to reach out when they need her if she sides with one candidate, she said, noting, "It has the possibility of further eroding people's trust and confidence in the church."

Religion and politics

Historically many churches and houses of worship already are somewhat politically active, whether it’s inviting a candidate to speak to their members or by taking stances on issues, for example, such as civil rights in the 1960s or abortion in the 2000s, said Howard Gleckman, a senior fellow at the Urban-Brookings Tax Policy Center, a nonpartisan think tank based in Washington, D.C. "Very, very rarely would the IRS ever crack down on what was clearly a violation of law."

In New York State and on Long Island, political candidates have traditionally sought out and spoken at synagogues or Black churches as a way to reach a large number of voters from certain demographics, political analysts said.

"There’s more of a tradition and a process to it" in those communities, though they don’t expressly endorse candidates by name, said David Catalfamo, a longtime Republican political consultant and president at Capitol Public Strategies, a communications and public affairs company.

The Hampton Synagogue in Westhampton Beach, for example, has become a destination for politicians as they fundraise among New York City’s affluent residents who vacation on the Island’s East End. And churches in Harlem are where New York City and state candidates traditionally go to curry favor among voters of color.

"The reality is church and state have been interwoven since the beginning of the republic," said Hank Sheinkopf, a Manhattan-based political strategist who has worked for Democratic and Republican candidates. "They can already do these things, but now it takes on a greater fervor because now they can operate more openly."

But doing so has both potential benefits and detriments, Chaudhry said.

It could increase civic engagement and raise issues of social justice, which most religious organizations aim to address, she said.

"Another benefit is that political endorsements from a diverse range of religious institutions could lead to varied voices in public discourse, enriching political conversations with ethical viewpoints," Chaudhry said. "This diversity can help highlight certain policy challenges within society, ultimately bringing significant benefits to the community."

The IRS move will "certainly spice things up in pulpits across the country," Senior Rabbi Elie Weinstock of the Jewish Center of Atlantic Beach told Newsday. "Overall, having more flexibility to talk about politics is a positive thing," he said, but "it comes, like everything else, with responsibilities."

Faith leaders should be inspiring, informing, educating and advocating, but not endorsing candidates, Weinstock said.

"This decision has recognized that politics from the pulpit isn’t necessarily improper from a religious nonprofit standpoint, but at the same time that doesn’t mean that houses of worship and rabbis should be in the political business," he said.

'Line in the sand'

Different faith communities will act differently toward the IRS filing and religious leaders could see more politicians coming to them, Sheinkopf said.

"There’s no question, politicians will seek every opportunity to ingratiate themselves," he said.

It also could give more energy to candidates campaigning on issues that speak to religion, such as medical aid in dying, Catalfamo said.

There is a major concern about the implications for the separation of church as an institution and state, but also on campaign finance if religious institutions take it too far, said John P. Teehan, professor of religion at Hofstra University.

The 501(c)(3) status means donors can write off their donations to churches as charitable organizations, and churches don’t have to file to the IRS where their donations are coming from, Teehan said. There’s "the real possibility that you could be funneling campaign money through churches that’s unaccounted for."

Many religious groups and faith leaders have said they don’t plan to act on the IRS filing.

The IRS was addressing a specific case and the Catholic Church "maintains its stance of not endorsing or opposing political candidates," the U.S. Conference of Catholic Bishops said in a statement. The Diocese of Rockville Centre referred to the statement when asked for comment.

Several faith leaders told Newsday they were concerned about alienating their members who may have different political stances, as well as elected officials in their communities.

"We’re in a hyperpartisan world, and the reality is, especially when people are in places where there’s two-party viability, you still have to be careful," said Weinstock, whose synagogue is in a swing district.

Politics also can take away from the mission of the religious organizations, Buechler said, adding "directly intervening in politics in this hyperpolitical age is very toxic."

His Dix Hills synagogue has a long-held policy that candidates aren't invited to speak in the year leading up to an election to avoid even the appearance of an endorsement, Buechler said.

"We should affirm and advocate at every moment in public policy on issues of immigration, on issues of democracy, on issues of the environment. These are all faith-based issues, but I would encourage my colleagues not to cross the line in the sand which has now been blurred by the IRS [filing]," he said.