"The Political Pulpit"?

The New York Times reported (or, more accurately, alleged) the other day that "[t]his weekend, hundreds of pastors, including some of the nation’s evangelical leaders, will climb into their pulpits to preach about American politics, flouting a decades-old law that prohibits tax-exempt churches and other charities from campaigning on election issues."  Of course, it is not against the "decades-old law" in question for pastors to "preach about American politics."  For a more accurate and insightful account of the provisions regarding political activities by tax-exempt entities, check out this article by my colleague, Prof. Lloyd Mayer.

I addressed the issue a few years ago, in a USA Today op-ed:

It is the regulation of the churches' expression, and not their expression itself, that should raise constitutional red flags. Religious institutions are not above the law, but a government that respects the separation of church and state should be extremely wary of telling churches and religious believers whether they are being appropriately "religious" or excessively "political" or partisan. Churches and congregants, not bureaucrats and courts, must define the perimeter of religion's challenges. It should not be for the state to label as electioneering, endorsement, or lobbying what a religious community considers evangelism, worship or witness.Of course, there are good reasons — religious reasons — for clergy to be cautious and prudent when addressing campaigns, issues and candidates.Reasonable people with shared religious commitments still can disagree about many, even most, policy and political matters. It compromises religion to not only confine its messages to the Sabbath but also to pretend that it speaks clearly to every policy question. A hasty endorsement, or a clumsy or uncharitable political charge, has no place in a house of worship or during a time of prayer — not because religion does not speak to politics, but because it is about more, and is more important, than politics.