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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