One of the central issues of the recent Abilene City Council election, and certainly the most contentious, was the relationship between religion and government.
Ryan Goodwin, James Sargent and Scott Beard received open support from several local churches. Both they and their supporters often tried to frame the opposition as those who believe our government should be completely free of Christian influence on the basis of the separation of church and state.
As someone who opposed all three candidates, I find this characterization misleading.
As a principle, the separation of church and state serves primarily to protect the church from the state, not the other way around.
The phrase, as first used by Thomas Jefferson in 1802, referred to the First Amendment’s prohibition against Congress establishing a state religion or inhibiting the free exercise of religion. I do not believe that the separation of church and state should be used to prevent Christians, or followers of any other religion, from seeking office.
I also believe that once in office, they are free to follow their faith as long as they refrain from using government authority to impose their religious beliefs on others. There was never an attempt to prevent the church, or Christians, from having influence in our government.
However, churches still have to follow the laws.
The separation of church and state does not prevent the government from regulating the activity of the church as long as it does not restrict the free exercise of religion. One of these regulations is the Johnson Amendment, approved in 1954.
Although not specifically targeting churches, the Johnson Amendment prohibits tax-exempt organizations from engaging in political activities. It is not just a “rule”, as some have suggested, nor is it “a fiction of the law”, as Ryan Goodwin has stated. It is a law approved by Congress and enacted in the Internal Revenue Code. Churches that enjoy tax-exempt status while engaging in political activity claim a benefit for which they do not collect, which is a form of tax fraud.
It would be the same as someone claiming the tax benefit of having a dozen children, when in reality they had none.
Another such regulation is the ban on corporations making political donations to individual candidates, found in the Texas Election Code. Like the Johnson Amendment, the Texas election code does not specifically address churches. Both policies are intended to protect our society from the corruption that would be inevitable if individuals were allowed to make tax-free, unreported political donations or if corporations were allowed to deploy their considerable resources to elect candidates for office.
None of these measures violates the constitutional protection of freedom of expression.
Churches could easily escape these restrictions by organizing as taxable organizations (other than a corporation). Under these conditions, churches are free to openly support any candidate running for any office. However, they would lose the financial and legal benefits associated with being a nonprofit corporation. Churches can be free to engage in political activities or free from the burden of paying taxes, but they cannot be both.
In a recent Texas Tribune article, James Sargent stated, “Some people would rather church people/the church shut up.” This is a straw man argument.
I support Christians playing a role in politics and government. In fact, I want Christians to be involved in government, just as I want them to be involved in education, the arts, medicine, business, and finance. However, when Christians engage in secular activities, especially in ways that show their Christianity, I hope they do so with love, compassion, and excellence that appeals to others, not with proud arrogance and contempt for the law that rejects others.
They should far exceed society’s minimum standards, which would include compliance with the law.
People who believe that the Johnson Amendment or the Texas Election Code treat churches unfairly should work to change them. Please persuade me that there is a way to relax these restrictions without introducing more corruption into our politics. I’m willing to listen, and I only ask that in return you listen and address my real position, not bogus arguments based on trying to silence “church people” or a flawed magnification of the separation of church and state.
Michael Bob Starr is the former commander of Dyess Air Force Base and former director of Global Samaritan Resources. Lives in Taylor County.
