On the National Day of Prayer, Trump has signed a new executive order protecting the church from the IRS, giving it back the freedom to be political without the consequences of losing their tax exempt status:
President Trump: “No one should be censoring sermons or targeting pastors” https://t.co/u47KtEEnHK
— CNN Politics (@CNNPolitics) May 4, 2017
Pres. Trump: “The federal gov’t has used the power of the state as a weapon against people of faith, bullying and even punishing Americans.” pic.twitter.com/qqF33jyW22
— ABC News (@ABC) May 4, 2017
MOMENTS AGO: @POTUS signs religious liberty executive order on #nationaldayofprayer. https://t.co/voG1RCB7rL pic.twitter.com/sTKSNeLKuf
— Fox News (@FoxNews) May 4, 2017
Of course this is only an executive order. While it can affect enforcement during Trump’s administration, the Johnson bill is still law until Congress repeals it. Also here’s more on what the executive order will do:
UPDATE:
This may not look as good as Trump made it sound, via Ed Morrissey at Hotair:
Rather than simply refusing to enforce it at all, CBS News hears that the EO makes the decision more arbitrary — and leaves the decisions in the hands of the IRS:
According to a senior White House official on a conference call Wednesday night, the executive order allows the IRS — when IRS officials choose — not to enforce the Johnson Amendment, which prohibits nonprofits such as churches and charities from “directly or indirectly” engaging in a political campaign. But the order doesn’t provide blanket relief for tax-exempt religious organizations, opening the possibility that the IRS could pick and choose whom to penalize. The official was clear that the order does not change current law, and any activity that is illegal now will still be illegal after Mr. Trump signs the executive order.
Which churches will have to worry about the IRS in a Trump administration? Which churches will have to worry about the IRS in a future Democratic administration? This arbitrariness does not provide stronger religious liberty — it takes us further from the rule of law and closer to the rule of executive whim. Either stop enforcing it entirely, or do nothing until Congress acts, and the latter is the choice that best supports the rule of law.
Trump says that his EO directs the IRS not to ‘unfairly’ target churches. If the Johnson Amendment is still law, then how can it be unfair to target churches? I think Ed is right here, that this is more arbitrary and not an overall exemption through guidance.
Also Ed points this out as well:
Is there a coherent arg for why exercise of prosecutorial discretion in DAPA was unconstitutional but EO nullifying Johnson Amend is ok?
— Joshua Block (@JoshACLU) May 4, 2017
Good point.
This is why Congress needs to do its job here. They hold the true keys to religious freedom and if they can ever really get going this year, they need to make this happen because Trump’s executive order can only do so much. The law is the law and only Congress can change it.