Preachers, politics and campaign 2000

Church & State, Sep 2000 by Boston, Rob

How Robertson, Falwell And Company Are Skirting Federal Law To Gain New Power In Washington

The Rev. Jerry Falwell has been very clear about his top political goal this year: He plans to do all he can to elect Texas Gov. George W. Bush to the presidency in November, and he doesn't care to hear any complaining from fellow Religious Right activists who say the Republican candidate's rhetoric is not conservative enough.

Speaking of Bush, the Lynchburg televangelist told The New York Times in early August, "Our crowd needs to get in the battle, keep their mouths shut and help this man win."

Although he runs a tax-exempt ministry, Falwell has the right as a citizen to work personally on behalf of candidates. However, the controversial Baptist preacher has a history of playing fast and loose with federal tax law, and experts say his Republican electioneering may be pushing churches and other religious organizations into a legally precarious position.

On June 12, Falwell was interviewed by Richard Land, president of the Southern Baptist Convention's Ethics and Religious Liberty Commission, for later broadcast on an SBC radio and Internet program called "For Faith and Family." During the interview, conducted before an audience at the SBC convention in Orlando, Falwell explicitly urged listeners to vote against Democratic presidential candidate Al Gore.

"The American people, I think, sense something right now - that we are about to lose America," Falwell asserted. He later went on to add, "Ronald Reagan would not have been president unless Bible-believing Christians in 1979 and 1980 by the millions said, `We've had enough,' and threw Jimmy Cater out and put Ronald Reagan in, to put it bluntly. If we don't do the same thing Nov. 7 with Mr. Gore and get somebody in there to rebuild the moral values and fabric of this nation, we're going to be in the same mess or worse than we were in 1980."

Falwell, speaking as a private citizen and not on behalf of his ministry, is free to preach a partisan gospel, but the Southern Baptist Convention, the nation's largest Protestant body, is a 501(c)(3) organization that, under federal tax law, may not endorse or oppose candidates for public office. Airing Falwell's attack on the vice president would seem to violate that standard.

Americans United staffers read a report about the Falwell interview in the Associated Baptist Press and were quick to respond. In a June 14 letter to Land, Americans United Executive Director Barry W. Lynn warned the SBC official that broadcasting Falwell's partisan appeal could jeopardize the denomination's tax exemption.

"If [Falwell's] comments had been broadcast live, the Commission and the Southern Baptist Convention would probably not be held legally responsible for his opposition to the Gore candidacy," Lynn wrote. "However, since the program was taped for later broadcast, airing it now - knowing of its partisan content - could put the SBC's tax-exempt status in jeopardy. Accordingly, I am writing today to strongly urge you to refrain from airing this interview."

Land apparently did not appreciate the advice. On June 21 he replied to Lynn, dismissing AU's argument and pledging defiance. Land wrote that the Falwell interview, which lasted 44 minutes, would be edited down to 18 to 20 minutes to fit the program but added, "Our normal and standard editing process will in no way be influenced by what I believe any fair minded person would perceive to be your heavy handed attempt to intimidate our ministry and our freedom of speech. If you want to know what parts of Dr. Falwell's interview we choose to air, I would encourage you to listen to our broadcasts. I cannot think of anyone who would benefit more from listening to the program."

Land was identified by The Washington Post as a supporter of Bush as early as last fall. He and Falwell may have been interested in signaling their support of the Texas governor to Southern Baptists nationwide through the radio program. If that was their goal, Americans United brought it to a screeching halt.

For all of Land's bluster, when the interview aired July 25, Falwell's anti-Gore bombast was missing. Land aired the portion of the interview with Falwell saying evangelical Christians had elected Reagan in 1980 but cut him off after the word "bluntly." The edited interview contained no mention of Gore at all.

AU's Lynn was pleased. "I'm delighted that Richard Land chose not to put the SBC's tax exemption in jeopardy," Lynn said. "Had he ignored our advice, penalties from the IRS would have been likely. The Baptist agency's leaders contacted their lawyers, considered the consequences of ignoring federal tax law and decided to play by the rules."

As the SBC flap indicates, disputes over the proper role of religion and politics are alive and well as the country approaches election day. As in the past election years, Americans United is active on many fronts, working to help religious leaders and lay people alike understand the rules governing political activity by houses of worship.