Tuesday, August 10, 2004

Protect Religious Freedom of Speech With H.R. 235

With the advent of leftist spies in our church pews, and with so few legislative days left for the 108th Congress, the time to pass HR 235, The Houses of Worship Free Speech Restoration Act, is at hand. Here is the Family Research Council's analysis of the bill:
Policy Goal:

To provide the full range of protection intended by the First Amendment to houses of worship by eliminating government entanglement in micromanaging the political speech of houses of worship.

Purpose:

The Houses of Worship Free Speech Restoration Act, introduced in the House of Representatives, would permit houses of worship to engage in the full range of political speech to the same extent that is currently permitted them for issue advocacy and lobbying without compromising the organization's tax exempt status.

Analysis:

The First Amendment to the U.S. Constitution says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

When Congress was debating the Revenue Act of 1954, then-Senator Lyndon Johnson sponsored a floor amendment that banned Section 501(c)(3) organizations from engaging in political activities. This became law and is the reason 501(c)(3) organizations are absolutely banned from engaging in political campaigning or endorsing candidates, including speaking out on the moral qualifications of a particular candidate for office.

Johnson apparently proposed this amendment to counteract a nonprofit organization that opposed his candidacy for senator. The law swept up houses of worship with other nonprofits. Neither Johnson, the IRS, nor the Supreme Court has ever asserted that the prohibition is required by the Establishment Clause, nor is there any legal precedent that does so. It is FRC's position that this law is in direct violation of the First Amendment.

The Houses of Worship Free Speech Restoration Act would remove government entanglement in reviewing churches' political speech and reduce the burden on the free exercise and free speech rights of houses of worship. It will give back to churches what was unjustly taken from them 50 years ago: the freedom to speak however they feel led to speak, whether the issue is construed as political or not.

Today, religious leaders do not have the freedom to educate their congregations on the issues, and empower them to make a informed decisions. If The Houses of Worship Free Speech Restoration Act is passed, religious leaders' First Amendment rights would be restored.
They would then be able to engage in lobbying, including issue advocacy, influence legislation, speak out on moral and political issues, take part in political campaigns and endorse candidates, so long as these activities do not constitute a "substantial part" of the organization's activities.
You can read Paul M. Weyrich's informative op-ed on this bill here.

Use the Ten Minute Lobbyist's Basic Contact Links to ask your congressional Representative to co-sponsor and fight for passage of this important legislation.

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