Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, September 9, 2008

Politics and Preachers

The Washington Post has a piece today (here) about the campaign by the Alliance Defense Fund (from which, I should disclose, I have in the past received payment for legal work) to urge pastors and clergy to "endorse political candidates from their pulpits," in "violation" of "I.R.S. rules."  Worth a read.

I've written about the whole politics-and-preaching thing (here):

The government exempts religious associations from taxation and, in return, restricts their putatively "political" expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion­i.e., that it is a "private" matter­and of its proper place, ­i.e., in the "private" sphere, not "in politics," it tempts believers and faith communities also to embrace this view. The result is a privatized faith, re-shaped to suit the vision and needs of government, and a public square evacuated of religious associations capable of mediating between persons and the state and challenging prophetically the government's claims and conduct.

That said, I'm skeptical with respect to the claim that it necessarily violates the First Amendment to tell churches that desire to receive tax-deductible contributions that they may not formally endorse candidates (there might, of course, be problems with enforcement and application).   I'm also skeptical, though, with respect to the claim -- asserted by someone quoted in the article -- that the ADF is encouraging "churches to violate core principles of our society."

For a very thorough treatment of the issue -- one that, I believe, is currently under submission to the law reviews -- see this paper, "Politics, Pulpits, and Institutional Free Exercise", by my friend and colleague, Lloyd Mayer.

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/09/politics-and-pr.html

Garnett, Rick | Permalink

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