President Donald Trump appears intent on demolishing the wall between church and state, telling an audience on Thursday that he will “totally destroy” an amendment that bars religious tax-exempt organizations from engaging in political activity—while his administration reportedly circulates a far-reaching draft executive order on “religious freedom” that effectively legalizes discrimination.
Trump told attendees at the National Prayer Breakfast on Thursday that he “will get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution.”
The amendment, passed in 1954, prohibits churches and other tax-exempt organizations from endorsing political candidates; repealing it—which Trump and Vice President Mike Pence also vowed to do on the 2016 campaign trail—”would theoretically allow houses of worship and religious leaders to openly advocate for political candidates while retaining their tax-exempt status, while also allowing them to funnel religious donations into explicitly political efforts,” according to Emma Green at The Atlantic.
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Repeal would require action by Congress. A 2016 Pew Research Center poll found that fully two-thirds of Americans say churches and other houses of worship should not come out in favor of one candidate over another during political elections, while just 29 percent say churches should get directly involved in electoral politics in this way.
Meanwhile, The Nation and the Center for Investigative Reporting (CIR) revealed Wednesday that the Trump administration is circulating a four-page draft executive order that would, according to the center:
- allow religious organizations receiving federal dollars to hire and fire employees based on their beliefs;
- allow employers to deny health care benefits for birth control;
- allow federally funded groups to prevent married same-sex couples from adopting; and
- protect federal employees who refuse to do their jobs if work duties violate their beliefs.
And “[i]t would create a section or group within the U.S. Department of Justice to enforce the order,” according to CIR’s outlet, Reveal.
Sarah Posner writes for The Nation: “The breadth of the draft order, which legal experts described as ‘sweeping’ and ‘staggering,’ may exceed the authority of the executive branch if enacted. It also, by extending some of its protections to one particular set of religious beliefs, would risk violating the Establishment Clause of the First Amendment to the Constitution.”
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