Lawyers Lay Down Strict Rules for Churches’ Role in Politics

Church lawyers are laying down some strict guidelines on what religious organizations can, and cannot, do in the current crush of political campaigning.

The key warning is that they must not support or oppose specific candidates, or seem by implication to do so, since it could endanger a church’s tax exemption.

Attorneys for the country’s two largest Christian groups, Baptists and Roman Catholics, have issued lengthy instructions for church organizations on avoiding partisan political activity.

They indicated a new cautiousness among church groups in an election year.

IRS ‘Enthusiasm’

The Internal Revenue Service “has a new-found enthusiasm for scrutiny of religious organizations,” said Mark E. Chopko, general counsel of the U.S. Catholic Conference. Citing restrictions laid down in the IRS code on tax exemptions for religious organization, he advises:

“During an election campaign, exempt organizations remain free to address issues of concern to them and to their membership. . . . However, such discourse must focus on issues and not personalities.”

Oliver S. Thomas, general counsel for the Baptist Joint Committee on Public Affairs, advises that churches, to avoid jeopardizing their tax-exempt status, must heed the following rules:

- Do not support or oppose a candidate directly or indirectly, whether in a sermon, church newsletter, sample ballot, or by financial means. Avoid pejorative labels when mentioning a candidate by name.

- Do not provide volunteers, mailing lists, publicity, nor distribute or display campaign literature on church premises, or provide free use of facilities unless made available equally to all parties and candidates.

May Hold Forums, Debates

However, both Catholic and Baptist advisories note that churches may hold nonpartisan public forums or debates where all candidates have a chance to state their views and distribute their literature.

The sponsoring church organization, however, must not present its views on the topics discussed. Thomas said:

“It is advisable for the organization, in introducing a candidate, to state clearly and emphatically that the views of the candidate are not necessarily the views of the church and no endorsement is intended by the candidate’s presence.”

Nevertheless, it was emphasized that religious organizations have a constitutional right to take sides on political issues, so long as their views are not explicitly applied for or against specific candidates.

“In reality, participation in the public debate on important issues inevitably overlaps with positions taken by certain candidates,” Chopko said.

‘Entirely Proper’

“Nonetheless, issue-oriented speech is protected by the First Amendment of the Constitution, and is entirely proper.”

Also, church employees and officials may participate freely in a political campaign as individuals, providing that it is made clear that they are not acting as representatives of the church.

“If a diocesan or parish official speaks at a rally supporting a particular candidate, he should avoid being introduced in his official capacity,” Chopko said.

Thomas also stressed that point, adding that if a minister is involved, and mention is made of his church, there should also be a disclaimer making clear that he is not speaking on the church’s behalf.

“Separating the minister’s role as an individual voter from his role as a church leader is always difficult,” Thomas said, adding:

“A minister should never endorse a candidate from the pulpit, even though he might insist he is speaking in his individual capacity.”

Rules for Publications

Regarding church newspapers or other publications, Chopko said they “may not endorse any candidate, through an editorial or otherwise,” but they “may report election and other political news in an unbiased manner.”

The attorneys cited these among permissible church political activities:

- They may distribute materials to educate voters, provided that the publications state their educational purposes and disclaim any intention to favor or oppose any candidate.

- They may sponsor voter registration drives, provided that no evidence exists of bias toward any candidate or party.

- They may poll candidates on positions, so long as the questionnaire is unbiased and covers a wide range of issues, and results are reported fairly.

- They may distribute voting records of state legislators or members of Congress, so long as there is no indication of bias, as would be the case in stating whether legislators’ positions agree or disagree with church positions.

Chopko noted that the Catholic Church operates under an IRS “group ruling” of tax exemption, covering all its affiliated institutions and parishes.

Violations would endanger “exemptions for everyone. Thus we must take the prohibition seriously.”