Posted on 05/05/2017 9:59:35 AM PDT by xzins
Yesterday, President Trump issued an Executive Order on religious liberty.
The Executive Order cheered many conservatives who had expected some action on religious liberty during the President’s first 100 days.
With this executive order, the Trump Administration is making clear that the federal government will never penalize any person for their protected religious beliefs. It will be the policy of the administration to vigorously promote religious liberty.
It shall:
Direct the IRS to exercise maximum enforcement discretion to alleviate the burden of the Johnson Amendment, which prohibits religious leaders from speaking about politics and candidates from the pulpit;
Provide regulatory relief for religious objectors to Obamacare’s burdensome preventive services mandate (requiring coverage of reproductive services), a position supported by the Supreme Court decision in Hobby Lobby.
Direct all federal agencies and departments to protect religious liberty and free speech, consistent with guidance to be issued by the Department of Justice.
The part of the Executive Order through which the President has directed the IRS not to enforce The Johnson Amendment, which under law it could use to deny or revoke a church’s or nonprofit’s tax-exempt status if that church or nonprofit chooses to support a political candidate or cause was especially important to conservatives.
The Johnson Amendment violates the First Amendment’s Free Exercise Clause, which prohibits the government from regulating religious organizations more strictly than their secular counterparts, and the Free Speech Clause, which prohibits the government from regulating speech based on its content. It also violates the Religious Freedom Restoration Act, a 1993 federal statute that prohibits the federal government from imposing a “substantial burden” on a religious organization unless the government demonstrates that it must impose that burden to achieve a “compelling government interest.” It also, could violate the First Amendment’s Establishment Clause by requiring the IRS to scrutinize sermons or other religious messages, thus excessively entangling government and religion.
Conservatives have long maintained that pastors should be allowed to utilize their first amendment rights and preach according to their conscious and the word of God, without the threat of legal interference for doing so.
Perhaps of equal importance to the Johnson Amendment language in the Executive Order was the President’s commitment to renew enforcement of the Religious Freedom Restoration Act (RFRA).
Congress passed the Religious Freedom Restoration Act in 1993 and it was signed by President Bill Clinton. It was introduced by then Congressman Chuck Schumer, and received a unanimous U.S. House vote and nearly unanimous U.S. Senate approval. The law prohibits the federal government from imposing a “substantial burden” on a religious organization unless the government demonstrates that it must impose that burden to achieve a “compelling government interest.”
This Executive Order enforces that law, already on the books, that Barack Obama refused to enforce.
In remarks announcing the Executive Order on religious liberty and proclaiming a National Day of Prayer President Trump said this:
In America, we do not fear people speaking freely from the pulpit. we embrace it. America has a rich tradition of social change beginning in our pews and our pulpits. Perhaps there is no greater example than the historic role of the African-American church as the agent for social progress, spurring our nation to greater justice and equality.
We must never infringe on the noble tradition of change from the church and progress from the pew. Under my administration, free speech does not end at the steps of a cathedral or a synagogue or any other house of worship. we are giving our churches their voices back and we are giving them back in the highest form. with this executive order, we also make clear that the federal government will never, ever penalize any person for their protected religious beliefs.
That is why I am today directing the Department of Justice to develop new rules to ensure these religious protections are afforded to all Americans.
It is this last point that is perhaps the most important element of the President’s Executive Order on religious liberty, because it was through the Department of Justice that the Obama administration wreaked most of the destruction of religious liberty we saw over the past eight years.
While the new rules have yet to be seen, and conservatives must remain vigilant that they follow the President’s commitment, President Trump’s Executive Order calling off the Obama Justice Department’s anti-Christian crusade is a huge victory for conservatives.
President Trump with the Little Sisters of the Poor...
This is the first step to address the LBJ rule that is contrary to establishment of religion, free exercise of religion, free speech, free press, etc.
AG Sessions will write the new provisions.
One would think this should not require an amendment to the Constitution since it is so clear constitutionally.
However, legislation would not hurt.
It is hard to imagine that the US government sued the Little Sisters of the Poor, trying to force them to support abortion and contraception.
That seems like it would only happen in some kind of sci-fi book or movie.
But it happened.
Our churches have always been the center for our ethical standards from our beginnings.
Jerry Falwell if alive today, would be kicking his heels.
I have learned that liberals have no self respect, no belief in God, nothing but filthy habits, ‘spirit cooking’, rape and sexual abuse, lies, stealing, child trafficking, witches covens...
They hold none of the Goodness of the Word of God, do good for your neighbors, work for the Goodness of people...it just isn’t there in their lives...evil people...
It’s a start and makes a point but much more to do.
Much more to do. I think they need to add legislation that mirrors the executive order.
My take also.
Actually the EO mirrors the law passed in 1993.
No it isn't. It is not at all clear that the government will NEVER do or not do anything. Maybe if the Trump Administration had passed and signed a law thru Congress, the sentiment might have been a little more permanent. This EO is good only for as long as Trump is President, and as long as the ninth circus concurs.
Why do you think they did not take this to this senate with Schumer in charge?
I was under the impression that Mitch McConnell is in charge.
You might be mistaken when it comes to filibusters.
>>I was under the impression that Mitch McConnell is in charge.<<
Given the budget that just passed and the obozocare “replacement” it is clear nancy pelosi is in charge.
There are NO republicans running ANYTHING.
Here is the "Compelling" interest on why the Johnson amendment was passed in the first place.
===============================================
"The ‘Johnson’ is Lyndon Johnson
"Back when Lyndon B. Johnson was a senator from Texas, he introduced the measure as an amendment to the tax code in 1954. Like many things Johnson did, the goal was to bludgeon a political opponent, in this case a rival in a primary who had the backing of nonprofit groups that were campaigning against him by suggesting he was a communist. Though there was no church involved, according to PolitiFact, churches were covered by the bill as well.
What this order does is to simply apply the religious liberty act to the Johnson amendment. IOW, it recognizes they the LBJ rule was superseded by the enactment of the 1993 law.
Trump is simply directing the IRS to follow the current law.
Yup, Trump’s EO is on solid ground and didn’t come out of this air as so many believe.
They might be able to just revisit the 1954 legislation, and repeal the portion known as the Johnson Amendment. Johnson had an opponent in his Congressional race who had some tax-exempt groups doing him some damage in the campaign. They weren't churches, but his amendment, meant to punish those groups, swept up the churches in its swath.
So the amendment is the problem, in an otherwise innocuous piece of legislation. So maybe the amendment can be revisited, sticken through, in order to neutralize the effect it has had all these years.
By my read, it doesn’t do a thing. It merely restates existing law. It certainly does not affect the Johnson Amendment.
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