Now that the dust has somewhat settled after the U.S. Supreme Court’s decision upholding the Affordable Care Act (also known as Obamacare), it is important to consider what effect the Supreme Court’s decision has on churches.

The main impact for churches is that, in upholding Obamacare, the U.S. Department of Health and Human Services’ (HHS) mandate that employers provide contraceptive and abortifacient coverage for their employees is still in effect.  The HHS mandate is one part of Obamacare but it is the most direct threat to religious freedom posed by the law.  Under this mandate, employers must provide coverage in their health insurance plans for contraceptives, including abortion-inducing drugs such as “Plan B,” also called the “morning-after pill,” as well as a new drug named “ella” which is commonly called the “week-after pill.”  This mandate is imposed on employers regardless of their religious beliefs against such drugs.

Unless Congress repeals Obamacare, the law and the HHS mandate are here to stay.  Here are some important take-aways for churches.

Not just a Catholic issue

Churches must understand that the HHS mandate is not just a Catholic issue.  While the Catholic Church is particularly in the crosshairs because of its religious beliefs against contraception, the HHS mandate specifically requires coverage of more than just contraceptive drugs.  It also requires coverage of abortion-inducing drugs that every evangelical Christian should oppose.

Churches are exempt

Churches are exempt from the HHS mandate.  An exception in the law protects churches from having to provide healthcare coverage for their employees that include contraceptives or abortion-inducing drugs.  The exemption, though, is rather narrow and basically only applies to churches or integrated auxiliaries of churches.

Many religious organizations are not exempt

The exception in the law that exempts churches does not exempt many religious organizations, including those reaching out to the poor and needy.  Church, parachurch, and other religious ministries that have more than 50 employees are in danger of being subjected to the HHS mandate, regardless of their religious beliefs.  Christian businesses are not exempt from the HHS mandate.

Alliance Defending Freedom lawsuits against the HHS mandate will continue

Alliance Defending Freedom is currently involved in three separate lawsuits challenging the HHS mandate.  The lawsuits are on behalf of two Christian colleges, Louisiana College and Geneva College, and a Christian business, Hercules Industries.

There are several more lawsuits pending on the same issue in different courts.  These lawsuits will continue and, after the Supreme Court’s decision, are even more important.

What Must Churches Do?

There are several things that churches must do in light of the Supreme Court’s decision upholding Obamacare.

1.  Be informed and aware of the direct threat posed to religious freedom by Obamacare.  Alliance Defending Freedom has put together a great two-minute video that exposes this threat. Share this video with your congregation.  We also have a resource page on our website that explains Obamacare and the HHS mandate.

2.  If your church has a ministry with more than 50 employees or you are part of a religious organization with more than 50 employees, be aware that the HHS mandate that is part of Obamacare may apply.  If you are concerned about the application of the HHS mandate, contact Alliance Defending Freedom to evaluate your situation.

3.  Provide support to Christian business owners in your congregation that are subject to the HHS mandate and help them  know how best to stand against this direct assault on religious freedom.

4.  If you are a pastor, preach a sermon that helps your congregation know and understand the HHS mandate and its application to people of faith.  Help them understand that this HHS mandate is not just a Catholic issue but is a direct threat to the religious freedom of all people of faith.

5.  Support Alliance Defending Freedom and our efforts to have the HHS mandate declared unconstitutional.  Put bluntly, these lawsuits are very expensive and we need your financial support and your prayers.  You can give online at this link.

The church must be engaged on this issue.  As Alan Sears, president and CEO of Alliance Defending Freedom, succinctly put it, “If the federal government can succeed in forcing people to violate their faith, it will have the power to force anyone to do anything.”  That’s how stark the battle lines are.  The voice of the church must be heard on this issue.  It’s time to speak up.

For many years, U.S. Senate Finance Committee member Charles Grassley (R-IA), has been looking into the financial practices of large media-based Christian ministries. Although he has not yet proposed any new laws that would govern how ministries report and manage their finances, in January he asked the ECFA
(Evangelical Council for Financial Accountability) to create a commission that will make recommendations about how ministries can be more fiscally accountable.  The ECFA has indicated that it will look into issues such as whether churches should be required to file detailed information returns (990s), the housing allowance, and tax rules governing “love offerings.”  It has also indicated that it hopes to address these issues through self-regulation rather than legislation.

You can learn more about the issues the commission will address here. Also, ADF’s own Erik Stanley has been asked to serve on an advisory panel for the commission in view of his legal expertise in the area of churches and politics. We will continue to keep you updated on the work on the work of the commission.  In the mean time, the best way for churches to minimize risk of running afoul of current or future regulations is to become a member of a financial accountability organization such as ECFA.

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Over at Dakota Voice, Bob Ellis has an interesting post that details the history of politics from the pulpit in America.  Bob does a good job of detailing many of the stories where pastors in American history spoke forcefully and with great conviction from their pulpits about political matters.  From the very beginning of our country, pastors spoke from their pulpits about matters of American life and politics that intersected with morality and religion.  After reviewing this extensive history, Bob concludes:

Seeing this issue in the light of the U.S. Constitution and history,  it is no wonder the Alliance Defense Fund (ADF) launched it’s “Pulpit Initiative” two years ago to challenge the unconstitutional 1954 tax amendment and restore pastoral freedom to America’s churches.

I couldn’t agree more.  If a page of history is worth a volume of logic, then the many pages of history that are filled with stories of pastoral intervention in political matters should be an open and shut case for the logic of jettisoning the Johnson Amendment.

In his excellent book, Why Churches Should Not Pay Taxes, Dean Kelley illustrates the active involvement of churches in American politics:

Throughout the history of the nation – and long before – churches have been active in helping to shape the public policy of the commonwealth in ways they believed God desired.  They were instrumental in setting the stage for the obtaining of independence at its beginning, when the “black regiment” – as James Otis called them – of the dissenting clergy thundered against the tyranny of King George from their pulpits.  A few decades later, the churches, acting corporately, brought an end to the practices of dueling by getting prohibitions against it written into the constitutions of twenty-one states, and no one conceived that this activity had any bearing on their tax exemption.  Churches were active in the effort to abolish slavery (though by the time of the Civil War there were religious apologists for slavery in the churches of the South).  Churches pressed for laws against gambling, Sabbath-breaking, alcoholic beverages, prostitution, and child labor.  They have worked for laws advancing labor organizing, woman suffrage, civil rights, and family welfare.

In none of these instances… was such public-spirited activity of the churches conceived to jeopardize their tax exemption.

History is replete with examples of churches and pastors speaking freely from their pulpits about the great social and moral issues of our day – including the selection of our national leaders.  That all stopped with the passage of the Johnson Amendment through clearly illegitimate means.  It is time to turn back the page of history to restore the constitutional rights of pastors and churches as active participants in our culture.

Pastors – learn more about this effort and sign up to participate at www.pulpitfreedom.org.

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It seems as though a new article comes out each year arguing that religious organizations should not be tax exempt if they oppose a particular politically popular cause, such as abortion or same-sex “marriage.”  What many don’t realize is the IRS already conditions church tax exemption on the pastor’s willingness to forego telling his flock what the Bible has to say about the fitness of a particular candidate for office.  The Johnson Amendment prohibits pastors from endorsing or opposing a candidate for office from the pulpit, and this provision can be violated with “code words.”  So a pastor who encourages the congregation to only vote for candidates who are pro-life could be viewed by the IRS to have violated the Johnson Amendment and the church’s tax exempt status could be revoked.  This law is clearly unconstitutional as applied to churches.  ADF’s pulpit initiative is an effort to challenge it in court.  Pastors can learn more about this effort and sign up to participate at www.pulpitfreedom.org.  Information on what pastors can and cannot say from the pulpit is also available in a resource called “Guidelines for ‘Political Activities’ of Churches and Pastors” on the speakupmovement.org/church resource page.

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We at ADF often are asked what legal issues should most concern churches.  And we make it a practice to ask the many pastors around the country we represent and interact with what they are most concerned about. Based on those experiences, I have compiled a top ten list of sorts that I will be blogging about for the next couple of weeks.  The top concern will be listed first, and is the subject of today’s post.

Land Use – We are seeing a marked increase in the number of churches contacting us because local officials have made it difficult, if not impossible, to build a new facility or expand their current one.  Church use of land is often treated as poorly as sexually oriented businesses.  ADF has already had to file five of these cases this year.  One of those, Palm Beach Gardens Baptist Church v. City of Port St. Lucie, involves three small churches that have been told by the city they cannot locate in a shopping center where private clubs and day care centers are welcome.  The best way for churches to combat this discrimination is first to educate themselves and zoning officials on the law and not just assume the city is acting in compliance with it.  A good place to start is our resource, “Land Use FAQ” on the resource page of speakupmovement.org/church.  If the government officials insist on treating churches less favorably than secular assemblies, the church should contact us, and consider filing a lawsuit to protect their rights as well as those of other churches in the area.

Check back soon for the #2 issue – Property Taxes.

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