Recently, the mayor of Houston, Texas – the Honorable Annise Parker – directed her attorneys to subpoena the sermons, messages, speeches, etc. of selected pastors and religious leaders in the Houston area. At issue is a legal challenge to the Houston Equal Rights Ordinance (HERO). Frankly, I don’t object to the straightforward reading of the ordinance. Christians should demonstrate the love and grace of Christ to all humans – saints and sinners – and support basic human rights. I do have major concerns about the legalization of same-sex marriage or the legal redefinition of marriage. As a Christian pastor I will continue to preach and teach the sexual ethics of the New Testament, including the prohibition of pre-marital sex, adultery, and homosexuality.
I am deeply concerned that the Mayor’s actions strike at the heart of American civil liberties. The United States Constitution was written to protect all Americans from the power of the state (or city) and to guarantee to all Americans the free exercise of religion and the freedom of speech, specifically political speech and religious speech. I fear that the Mayor’s actions have set a very dangerous paradigm for political discourse in the United States – the legal persecution of political opponents.
At the heart of this legal issue is a federal law that was authored by then Senator Lyndon Johnson and passed in 1954. According to IRS Revenue Ruling 2007-41 this law prohibits religious organizations and churches from “engaging in any political campaign activity.” Originally, the law was designed to prohibit religious organizations from supporting political candidates (see here). However, through the years Congress has strengthened the law to forbid “statements opposing candidates.” If churches fail to comply, their tax exempt status may be revoked. In other words, if churches support or oppose political candidates, then the state can tax religious speech and activity. Ultimately, this law must be challenged because if the state has the power to tax the political speech and activity of religious organizations and persons, then the state has the power to suppress all forms of religious expression.
The Mayor of Houston may have set in motion a precedent that will extend the power of the state to prohibit issue oriented political activity by religious organizations and religious persons. The intent is to silence the political speech of religious persons. This must not be allowed to stand. Religious rights, including the right of religious persons to engage in political issues, must continue to be protected in the United States.
During the height of the civil rights movement agencies of the federal government were nefariously engaged in the surveillance of the Reverend Dr. Martin Luther King, Jr. and other leaders. Even as President Kennedy embraced the movement the FBI worked to police the movement. Can we imagine a civil rights movement in which the state suppressed the sermons of Reverend King preached in churches throughout the nation?
Throughout the history of our nation churches have been “free speech zones.” During the days of abolition sermons were preached in churches that demanded the freedom of slaves and some sermons defended the institution of slavery. During the days of prohibition, sermons were preached that supported prohibition and opposed prohibition. Just as Rev. King preached in favor of integration, some preached in favor of segregation. Since Roe v Wade, some preachers have opposed abortion and preached strong pro-life messages; while others have declared themselves pro-choice. Recently, many have preached against homosexual marriage; others have preached in favor of “justice-love.” My point is that religious speech is by its very nature political. As Mahatma Gandhi once said, “Those who say religion has nothing to do with politics do not know what religion is.”
The American political tradition has historically understood that religious speech and activity is protected, even if it addresses issues that are political. The Mayor of Houston has decided that the tradition of free religious speech must be challenged. I pray that all Americans will find the necessary wisdom and grace to engage in civil political dialogue to the end that all views will be heard and considered.
Finally, Christians should exercise great caution so that we don’t confuse political allegiances with the mission of Jesus Christ. Christians should be free to engage in political activity, but we should never identify the state, a political party, or a candidate with the Kingdom of God. To do so is a subtle form of idolatry. Tony Campolo has warned that “mixing politics and religion is like mixing ice cream and manure; it doesn’t affect the manure much, but it really messes up the ice cream.” Christians should never forget that we are “aliens and strangers” in this present age and should “honor all people, love the brotherhood, fear God, and honor the king” (1 Peter 2:17).
“Behold, I send you out as sheep in the midst of wolves; so be shrewd as serpents and innocent as doves. But beware of men, for they will hand you over to the courts …and you will even be brought before governors and kings for My sake, as a testimony to them and to the Gentiles…” (Matthew 10:16-18).
