Republicans made a sneaky move on Thursday to give their religious right devotees a long sought after gift that further erodes the Separation of Church and State as well as provide the ultimate dark money cover for Republicans’ corporate donors. It is another monumental gift to special interests and the wealthy; a religious super PAC completely immune to the IRS and FEC auditor’s prying eyes.
As is their wont, House Republicans passed what’s been labeled a “megabus” spending bill on Thursday that is better labeled reverse Robin Hood legislation; it takes from the poor and infirm and gives to the rich. For the evangelical right, the Republican bill is two-fold gift in allowing churches to receive and funnel “unlimited dark money to Republican campaigns” as well as to campaign from the pulpit free of IRS interference. According to the tax code, “tax exempt “charitable” non-profits are forbidden from inserting themselves into campaigns, and currently that prohibition stands for all non-profits including those representing religion.
The House spending bill includes a world of hurt for Social Security, Medicare, Medicaid and food stamp recipients with significant cuts to help pay for tax cuts for billionaires. But tucked away in the spending bill is a rider with a provision making it nearly impossible for the Internal Revenue Service to enforce the “Johnson Amendment.” The “rider” stops funding attempts by the IRS Republicans, and Trump, claim are unfair attempts to “penalize churches that violate tax law by engaging in explicit political action.”
The new provision states that if there are any funds needed to enforce the Johnson Amendment on lawbreaking evangelical churches, it will “require IRS agents to notify two congressional committees, endure a 90-day waiting period, and then obtain an executive sign-off from the IRS commissioner.” It is noteworthy that this is a “special gift” to churches because all other tax-exempt charitable nonprofits that are not faith based will still be subject to enforcement of the law.
Besides opening up worshippers to suffering weekly campaigning from the pulpit for Republican candidates, this is simply another despicable Republican attempt to deregulate campaign finance laws to aid Republicans. Ironically, destroying the Johnson Amendment is “deeply unpopular among people of faith;” evangelical clergy love the idea. In fact, most religious Americans don’t want politics preached from the pulpit, and “not a single major denomination” likes the idea of neutering the Johnson Amendment.
That “Johnson Amendment” is hated by the religious right as if it was from Satan because it is part of the tax code that prohibits churches from openly endorsing and campaigning for Republicans from the pulpit. The amendment is founded on the Constitution’s framers’ intent to keep church and state separate; it is a concept that Republicans like Jeff Sessions says is “unconstitutional and unhistorical.
However, this crusade to neuter the Johnson Amendment is almost certainly a Republican ploy to open the floodgates of dark money. There are exceedingly stringent rules prohibiting the IRS from auditing churches and according to the IRS, it is also extremely rare that a church is investigated for violating the Johnson Amendment, much less losing their tax-exemption.
A former IRS attorney and current LSU law school professor, Philip Hackney, told ThinkProgress the IRS typically goes to extreme lengths to avoid enforcing the Johnson Amendment. It is almost a mortal sin in America to even utter an unkind word about religion, so naturally daring to take away a church’s free taxpayer money is tantamount to a sin against the evangelical god. Mr. Hackney said:
“There have been very few organizations that have lost their exemption. The typical answer was to slap people on the wrist. There’s a real problem when the answer is ‘you lose exemption’ — the IRS would look for any way it could get around making that choice.”
According to the Center for Inquiry’s legal director, Nick Little, the Republican ploy is another “double benefit” for places of worship and Republicans. Mr. Little said:
“You could have unlimited dark money flowing to a campaign [from churches] if this gets passed, and there is nothing the IRS could do about it. They would be getting a double benefit.”
Democrats did attempt to remove the “dark money” provision from the spending bill during debate at the sub-committee level, at the full committee level, and on the floor of the House. But Republicans care more concerned about deregulating campaign finance laws and getting free weekly pulpit campaign time than preserving the Constitution’s Separation and Establishment Clauses in the First Amendment.
The Executive Director of the Secular Coalition for America, Larry T. Decker said:
“Members of Congress had ample opportunities to strike [the provision] from this bill; when it was debated at the sub-committee level, at the full committee level, when Congresswoman Wasserman Schultz offered an amendment to cut it from the bill, and when it was on the floor of the House of Representatives. At every point, Congress failed to stand up for a law which has helped maintain the separation of church and state for more than 63 years.”
Like everything Republicans do, sneaking a measure in a spending bill to advance the religious rights’ crusade against the Constitution’s Separation of church and state, and giving ultimate cover for dark money to aid Republicans is highly unpopular. It is also a despicable attack on democracy. The religious right sees it as a sure-fire guarantee to continue electing Republicans without IRS interference, and help funnel dark money for those Republicans unimpeded and out of the Federal Elections Commission’s prying eyes.
For Americans who are not evangelical fanatics, it is another blatant Republican attack on the U.S. Constitution that is beginning to appear as important to Republicans as it to their standard bearer dirty Don Trump. For dark money purveyors like the Koch brothers and Karl Rove, the Republican move is tantamount to abolishing the FEC because with no way to “follow the money” from the Kochs to the churches to Republican candidates, this atrocity fairly decimates what remains of America’s fragile representative democracy; just like the Kochs and Republicans have planned for decades.