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Jim Garlow has an article on MinistryToday.com entitled Preach It! His article is well worth the read.

Jim talks about how for “57 years, people have believed a cultural myth that “pastors cannot speak out about politics.” Such is the nature of the 1954 Johnson Amendment, which suddenly stripped way from American pulpits what they had enjoyed for more than 160 years—no governmental intrusion in the pulpit. Not only is this “pastors-can’t-talk-about-politics” myth unconstitutional—check out the First Amendment—but it flies in the face of biblical authority.”

He rightly makes the observation that “If I would have said 40 years ago that tearing up a baby in a womb was wrong, everyone would have said, “Of course.” Say it today, and you are too political. What has happened? Caesar demanded that which is God’s. Tragically, some pastors have retreated as the line was moved.”

Last year 539 pastors participated in Pulpit Freedom Sunday and spoke bold, biblical truths from the pulpit.

As Jim put it: “Congregations are hungry for true biblical preaching—and that includes preaching that has clear implications for the political arena. Ultimately it is not really political, but it is biblical. Gratefully, many people are coming to realize this truth.”

If you are a pastor, please sign up now to be a part of Pulpit Freedom Sunday.  For everyone else, forward this to your pastor and encourage them to sign up for Pulpit Freedom Sunday as well.  Standing together, we can and will make a difference.

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Earlier, Kevin Theriot blogged about the Supreme Court’s decision in EEOC v. Hosanna-Tabor.  The case was a phenomenal win for religious freedom and has far-reaching implications.  In analyzing the opinion, one important implication is that the Supreme Court has announced heightened protection for the internal affairs of a church and for situations that affect the faith and mission of the church.

In a court decision from 1990 called Employment Division v. Smith, the Court allowed the government greater latitude to restrict the free exercise of religion.  The Court held in Smith that if a law was neutral as to religion and if it was generally applicable to all people, then the government was allowed to burden the free exercise of religion.  The Smith case marked a drastic departure from the Supreme Court’s earlier precedents which uniformly held that any law, even if that law was neutral and generally applicable, could not burden the free exercise of religion unless the law was justified by a compelling governmental interest that was advanced in the least restrictive means available.  This test is the strongest test available under the constitution.  In applying this test over the years, the Court candidly acknowledged that the test was strong medicine and that many laws burdening the free exercise of religion did not meet this test and were invalidated because they violated the Free Exercise Clause of the First Amendment.

Critics of Pulpit Freedom Sunday frequently cite to Smith and say that the Johnson Amendment is a law that is neutral and generally applicable so churches have no valid legal argument that the Johnson Amendment violates the Free Exercise Clause.  The Hosanna-Tabor decision changes that analysis, though.  In Hosanna-Tabor the Supreme Court retreated some from its analysis in the Smith case.  It stated: “Smith involved government regulation of only outward physical acts.  The present case, in contrast, concerns government interference with an internal church decision that affects the faith and mission of the church itself.”  Essentially, the Supreme Court created a “church exception” to the Smith case.  This means that a law that may in fact be neutral and generally applicable will now have to meet the pre-Smith compelling interest standard if it interferes with internal church matters that affect the faith and mission of the church itself.  The Supreme Court, in effect, broadened and strengthened the Free Exercise rights of churches.

This is good news for pastors chafing under the unconstitutional restriction of the Johnson Amendment.  What affects the faith and mission of the church itself more than a governmental restriction on a pastor’s sermon from the pulpit?  By allowing the government to punish pastors for preaching a certain way from the pulpit, we are allowing the government to drive and change the faith and mission of the church itself.  By allowing the IRS to declare certain topics to be off-limits or to prohibit the application of biblical truth to elections and sermons, we are allowing the government to dictate what the faith and mission of the church is and how it should be applied and proclaimed from the pulpit.

The Hosanna-Tabor case means that the IRS will now have to demonstrate a compelling reason for restricting a pastor’s sermon from the pulpit.  They cannot do so.  In fact, there is no legitimate reason for the Johnson Amendment.  And if you take a moment to understand the history behind the adoption of the Johnson Amendment, you’ll understand just how true that is.  Hosanna-Tabor is one more indication that the Johnson Amendment is unconstitutional and should be struck down at the earliest opportunity.

Pastors should be encouraged by the Supreme Court’s recent decision.  Now is the time to seize the opportunity and reclaim the right of pastors to speak freely from their pulpits without fearing governmental censorship or intimidation.  If you are a pastor, please sign up now to be a part of Pulpit Freedom Sunday.  For everyone else, forward this to your pastor and encourage them to sign up for Pulpit Freedom Sunday as well.  Standing together, we can and will make a difference.

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ADF Senior Legal Counsel - Church Project

Sixty days have now come and gone since Pulpit Freedom Sunday 2011.  That day is when 539 pastors from across the United States stood in their pulpits and proclaimed biblical truth about candidates and elections.  The participating pastors recorded their sermons and sent them to the IRS in the hopes of generating a legal challenge to overturn the Johnson Amendment.

As of the time I write this blog, the IRS has not responded in any way to any of the pastors who participated in Pulpit Freedom Sunday.  In fact, pastors have been participating in Pulpit Freedom Sunday since 2008 but no pastor has ever been punished or censored by the IRS for a Pulpit Freedom Sunday sermon.

There is no way we can know exactly what is happening at the IRS and why it has not responded.  In a previous blog, I listed some possible reasons why the IRS has not responded.  But the IRS’ lack of response is really not the important issue.  Instead, what is important is that Pulpit Freedom Sunday is growing into a nationwide movement of pastors who are unafraid to speak the truth from their pulpits no matter the consequences.  And that is what America needs right now.

For too long, pastors have shied away from things that are deemed by society as “political.”  But as I pointed out previously, society continues to label biblical issues “political” in an attempt to keep pastors and churches from talking about them.

It is encouraging to see pastors awakening to the need for bold, biblical preaching from the pulpit on the vital issue confronting our country.  And I hope that more pastors will see this need and join Pulpit Freedom Sunday in 2012.  If you are a pastor, you can sign up now at www.pulpitfreedom.org.  Pulpit Freedom Sunday will be October 6-7, 2012.

Oh, and if the IRS ever does decide to investigate or punish a pastor for something said from the pulpit, ADF will be there to represent the pastor free of charge and we will seek to have the Johnson Amendment declared unconstitutional.  Whether we have to wait 60 days, 60 months, or even longer to determine whether the IRS will respond, we will not quit until every pastor has the right to speak freely from the pulpit without fearing any governmental censorship or punishment.

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ADF Senior Legal Counsel - Church Project

On November 19, the Republican candidates for President of the United States discussed the repeal of the Johnson Amendment during a forum that took place in Des Moines, Iowa.  During the Forum, a question arose about pastors speaking politically from their pulpits.  Representative Michelle Bachmann stated that pastors cannot speak freely because of the Johnson Amendment which she called “unconstitutional.”  Herman Cain attributed the intimidation and fear pastors may feel in speaking from their pulpit to the IRS and the tax code.  The video is embedded below and the relevant comments begin at about the 58:00 mark and last for about 4-5 minutes.

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ADF Senior Legal Counsel - Church Project

Pulpit Freedom Sunday is coming closer.  On October 2, 2011, hundreds of pastors will stand united in their pulpits and preach freely on issues related to candidates and elections.  Most pastors have not been preaching sermons like this since the Johnson Amendment was added to the tax code in 1954, effectively silencing the speech of pastors through intimidation and fear.  Yet a growing nationwide movement of pastors are refusing to be intimidated.  They are willing to stand up and exercise their constitutional rights of freedom of speech and free exercise of religion by boldly preaching on Pulpit Freedom Sunday.  These pastors are courageously regaining the freedom of the pulpit.

Many years ago, James Garfield said:

Now more than ever the people are responsible for the character of their Congress. If that body be ignorant, reckless, and corrupt, it is because the people tolerate ignorance, recklessness, and corruption. If it be intelligent, brave, and pure, it is because the people demand these high qualities to represent them in the national legislature. . . . [I]f the next centennial does not find us a great nation . . . it will be because those who represent the enterprise, the culture, and the morality of the nation do not aid in controlling the political forces.

The Church has a role to play in upholding morality and exalting righteousness in America.  For the last 57 years, the American pulpit has fallen silent and politics and politicians have gotten a “free pass” from the biblical watchdogs who have been afraid to raise their voice against rampant evil and unrighteousness.

But that is all about to change.  Watch this Sunday, October 2, as hundreds of pastors exercise their prophetic role in this country.  As my good friend Pastor Jim Garlow says, this could be the final ingredient we need for the next Great Awakening in America.  Let’s pray together to that end.

If you want to find out more about Pulpit Freedom Sunday, visit our website.  We encourage every pastor in America to join us in Pulpit Freedom Sunday.  It’s not too early to begin to think about next year’s Pulpit Freedom Sunday as well.

Please share your comments below and to join the conversation join our facebook page at Facebook.com/SpeakUpChurch

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ADF Senior Legal Counsel - Church Project

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