Thursday, February 2, 2017

For Churches Who Openly Engage in Politics: Think About the Costs

Donald Trump used the National Prayer Breakfast—an event that was created to unify Americans of diverse faiths—for crass politics. He announced that he will seek legislation to repeal tax code language that requires churches, synagogues, mosques and the like to avoid specific political statements and advocacy to remain tax exempt.
Not smart. Some houses of worship already violate the ban—and it’s not enforced. So, why stir another hornet’s nest?
But later in the day, Trump expanded the message to say that he’ll promote regulations to protect religious belief to be used by employees and businesses—code language for a right to deny services to LGBTQ customers, clients, and co-workers.
If Trump is heading us down this divisive path as a nation, some things to consider:
First, the sidewalks that are in front of churches are public. Peaceful protests are permitted there.  In Snyder v. Phelps, 562 U.S. 443 (2011), the Supreme Court held that speech on a public sidewalk about a public issue cannot be liable for a tort of emotional distress, even if the speech is found to be "outrageous." This case involved  picketers associated with the Westboro Church who cruelly displayed placards such as "God hates you," "Fag troops," "Semper fi fags" and "Thank God for dead soldiers" within ear-shot of the funeral of U.S. Marine Lance Corporal Matthew Snyder.
Second, Trump’s order could have the boomerang effect of turning tolerant churches, synagogues, mosques and other house of worship into a powerful political network.
Third, local communities could pass ordinances that remove property tax exemptions from “political churches.” The president would say his order trumps local law—but let’s recall his inaugural address, the part that vowed to return power from the federal government to states and local government, i.e., the people.

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