[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[House]
[Pages 16655-16658]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     POLITICAL SPEECHES IN CHURCHES

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 3, 2001, the gentleman from North Carolina (Mr. Jones) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. JONES of North Carolina. Mr. Speaker, I appreciate this 
opportunity.
  Mr. Speaker, it is kind of ironic that I would be following the 
gentleman from Florida (Mr. Foley) as he was paying tribute to those 
who have lost their lives and their families, and then he talked about 
our military who today are in Afghanistan defending the freedoms that 
we all enjoy, and our way of life.

                              {time}  1300

  My purpose today in asking for this time is that I have put in 
legislation, House bill 2357. It is called the Houses of Worship 
Political Speech Protection Act. I believe that the strength of this 
country depends on our spiritual leaders having the freedom to talk 
about issues of the day, whether they be the moral issues of the day or 
the biblical issues of the day or the political issues of the day, 
quite frankly.
  When I started looking into this legislation and doing the research 
and the history on why there was a law in the Tax Code that would 
somehow prevent certain political speech, and the more I looked into 
it, the more concerned I became because I believe sincerely that the 
first amendment right of all the American people and all the groups in 
this country, I mean, must be protected and has been for years and 
years by men and women who have served this Nation and many who gave 
their lives for America.
  As I looked into why there was some type of political speech 
restriction on our churches and synagogues and

[[Page 16656]]

mosques, I found out that in 1954, Lyndon Baines Johnson, United States 
Senator from Texas, and actually the majority leader of the Senate, had 
the H.L. Hunt family opposed to his reelection. At the time, the H.L. 
Hunt family had two think thanks that were conservative in nature and 
they were not churches, but they were 501(c)(3)-type status.
  What Mr. Johnson did on the Senate side, he introduced an amendment 
to a revenue bill that was never debated. The amendment was never 
debated, and the Republican minority at that time accepted the Johnson 
amendment on what they call ``unanimous consent,'' or UC. Basically, 
what the Johnson amendment did was to put a gag order on any type of 
political speech by a preacher or priest or rabbi; and I would like to 
explain that just a little bit for practical reasons.
  It happened in the 3rd District of North Carolina, which I have the 
privilege to represent, that a priest in a Catholic church was asked by 
a parishioner, a friend of mine named Jerry Schill, if the priest would 
just say at the end of the homily, or the sermon, on Sunday that George 
Bush is pro-life, not really anything more than that, but just that one 
statement. The priest said to Jerry Schill, ``Jerry, I cannot do that. 
If I do, I might be violating the 501(c)(3) status of this church and 
we would lose that status.''
  Mr. Speaker, I decided that, working with other Members, including 
the Chair, that I would introduce the legislation to return the first 
amendment right to our churches and synagogues and mosques in this 
country. That was taken away primarily by one man who, in his arrogance 
being Senator Johnson, wanted to stifle the speech of opposition.
  I must tell my colleagues, with a great deal of humility, that we 
have 130 cosponsors of this legislation. We have recently picked up 
three or four from the Democratic side, which I am very grateful for. 
In addition, we recently have received a letter of support from a 
former Member of the House who is a Democrat, and the former Member's 
name is Reverend Floyd Flake.
  I served my first term with Dr. Flake, and he was a man that we all 
respected for his integrity and his honesty, and Dr. Flake decided to 
leave the House and go back to his church. It is the Greater Allen 
Cathedral of New York; and quite frankly, I found out after we put this 
legislation in that Reverend Flake had received a letter of reprimand 
from the IRS, Internal Revenue Service. They have the authority because 
the Johnson amendment went on the revenue bill, and Reverend Flake had 
at that time candidate Al Gore in his church and after Presidential 
candidate Gore was speaking, Reverend Flake got up behind him and said 
to his congregation that, ``I think this is the right man to lead this 
Nation.'' That was a violation. So, therefore, instead of losing the 
status, he was given a warning.
  I contacted Reverend Flake, and he wrote me a letter that I want to 
submit for the Record, but I want to read just one paragraph. It says: 
``I praise God for the stand you have taken to defend the first 
amendment right of houses of worship. It is unjust that churches and 
clergymen and women are unfairly targeted when they exercise their 
rights as American citizens.''
  Mr. Speaker, I want to read a couple more letters that we have 
received in support of this legislation. One is from Rabbi Daniel 
Lapin. He heads a group called Toward Tradition. He is a wonderful man 
of God. I have heard him on the radio several times, and I am going to 
submit his letter for the Record with the Chair's permission. I will 
read just two paragraphs: ``I hope that Congress and the President 
would join your campaign to revive one of the most basic principles of 
the American founding, the freedom of unhindered political speech.'' 
That is Rabbi Lapin.
  In addition, a letter from D. James Kennedy. Dr. Kennedy says, and 
this is the Coral Ridge Ministries, ``In a culture like ours, which 
sometimes seems on moral life support, the voice of the church in her 
message of reconciliation, virgin hope is more important now than ever 
before. Yet the current law enacted by Lyndon Johnson has effectively 
silenced the church. We are a poorer Nation for it.'' D. James Kennedy 
in support of H.R. 2357.
  Then James Dobson sent us his letter. I will submit the letters again 
with the Chair's permission: ``I was encouraged by your work on H.R. 
2357, for I have been troubled by the increasing pressure on churches 
and other religious organizations to desist from speaking out on the 
moral issues of our day.''
  A letter of support from the former ambassador to the Vatican, Ray 
Flynn, also former mayor of Boston, Massachusetts.
  The last letter I want to read is from the Southern Baptist 
Convention, Dr. Richard Land; and Mr. Speaker, I would also with the 
Chair's permission like to submit the entirety of this letter for the 
record, also. The paragraph I would like to read, Mr. Speaker, is this: 
``We endorse your bill because we believe it provides an appropriate 
barrier to hinder the government from seeking to define the mission of 
the church. If it should become law, we will encourage Baptist churches 
to speak freely on the issues of the day as we believe they should 
already but to refrain from formally endorsing candidates.''
  The reason I wanted to close with that letter is because this 
legislation that we have 130 cosponsors on is not anything more or less 
but to return the freedom of speech to the churches should the churches 
and synagogues decide that that they would like to talk about such 
issues of the day.
  I include those letters for the Record at this point.
                                       The Greater Allen Cathedral


                                                  of New York,

                                       Jamaica, NY, June 24, 2002.
     Hon. Walter Jones,
     House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Congressman Jones: I am grateful that we were finally 
     able to connect by telephone regarding H.R. 2357, the Houses 
     of Worship Political Speech Protection Act.
       I praise God for the stand that you have taken to defend 
     the First Amendment Right of Houses of Worship. It is unjust 
     that churches and clergymen/women are unfairly targeted when 
     they exercise their rights as American citizens.
       I am pleased to offer my wholehearted support with sincere 
     prayer for passage of this important and liberating 
     legislation.
           Sincerely,
                                 Hon. Rev. Floyd H. Flake, D.Min.,
     Pastor, U.S. Congressman, Retired.
                                  ____



                                             Toward Tradition,

                              Mercer Island, WA, October 12, 2001.
       Dear Congressman Jones: Thank you for the courageous 
     leadership you so consistently demonstrate along with your 
     steadfast commitment to the founding principles of our 
     blessed country.
       I feel honored to stand shoulder to shoulder with you and 
     to offer my full support for H.R. 2357, ``The Houses of 
     Worship Political Speech Protection Act,'' which will revive 
     every American's Constitutional right to free speech in all 
     houses of religious assembly.
       Along with most Americans of faith, both Christian and 
     Jewish, I heartily applaud your efforts and determination in 
     promoting this crucial legislation. You perceptively 
     recognize that this long overdue legislation is important to 
     all religious faiths and all political parties.
       Use of taxation to influence religious activity is 
     unarguably a violation of every American's First Amendment 
     rights, and H.R. 2357 is a step in the right direction. I 
     hope that Congress and the President will join your campaign 
     to revive one of the most basic principles of the American 
     Founding, the freedom of unhindered political expression.
       May our friendship continue to flower in an America moving 
     ever closer back to our founding principles, or as a I like 
     saying, Toward Tradition.
       I should mention that I am honored to be speaking this 
     coming Tuesday night at the Adam's Mark in Charlotte for the 
     NC Family Policy Council. I am sure you know those good 
     people.
       God bless you, your family and your efforts.
       Best wishes to Joanne.
           Sincerely,
           Your friend,
                                               Rabbi Daniel Lapin,
     President.
                                  ____



                                       Coral Ridge Ministries,

                          Fort Lauderdale, FL, September 20, 2001.
     Congressman Walter Jones,
     Cannon House Office Building,
     Washington, DC.
       Dear Walter: Congratulations on your efforts thus far in 
     advancing HR 2357 (The Houses of Worship Political Speech 
     Protection Act). I am very encouraged to hear

[[Page 16657]]

     about the number of cosponsors you have received and hope a 
     great many more will join you in the days ahead.
       As you know, I feel this legislation is a vitally important 
     step in reversing a long-standing injustice, whereby free 
     speech seems to be protected everywhere, except in the 
     pulpits of our churches and other houses of worship. In 
     culture like ours, which sometimes seems on moral-life 
     support, the voice of the church and her message of 
     reconciliation, virtue, and hope is more important now than 
     ever before. Yet the current law (enacted by Lyndon Johnson) 
     has effectively silenced the church. We are a poorer nation 
     for it.
       I strongly encourage our friends in the House leadership 
     and Chairman Thomas to schedule early hearings on this 
     important piece of legislation. I hope you will communicate 
     these sentiments to them on my behalf.
       Walter, I commend you for your forthright and courageous 
     stance in taking on this issue. When this bill becomes law, 
     future generations of Americans may view it--and rightly so--
     as an important milestone in the reformation of our culture.
           Sincerely in Christ,
     D. James Kennedy, Ph.D.
                                  ____



                                          Focus on the Family,

                            Colorado Springs, CO, August 21, 2001.
     Hon. Walter B. Jones,
     U.S. House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Representative Jones: It was a pleasure to talk with 
     you over the phone recently. I was encouraged by your work on 
     HR 2357, for I've been troubled by the increasing pressure on 
     churches and other religious organizations to desist from 
     speaking out on the moral issues of our day. It's heartening 
     to know that the Lord has raised up those who, like yourself, 
     are willing to take a stand and defend First Amendment 
     rights. Our prayers will be with you and your staff as you 
     attempt to move this important bill through the House of 
     Representatives. I was pleased to hear that you've already 
     received a promising response from many of your fellow 
     congressmen.
       Thanks again for taking the time to discuss this issue with 
     me. It was an honor to become acquainted with you--I commend 
     you for your commitment to the Lord and dedication to your 
     family. All the best as you persevere in the vital role in 
     which God has placed you. Blessings!
           Sincerely,
                                           James C. Dobson, Ph.D.,
     President.
                                  ____



                                             South Boston, MA,

                                                 October 12, 2001.
     Congressman Walter B. Jones,
     Congress of the United States, House of Representatives, 
         Washington, DC.
       Congressman Walter B. Jones: Thank you for introducing H.R 
     2357, legislation guaranteeing the right of free speech to 
     everyone. This proposed legislation is timely and 
     appropriate. Since the events of September 11th, our country 
     has been brought together by President Bush and many 
     religious leaders in a public manifestation of patriotism and 
     civic unity never experienced before in my many years in 
     public service.
       I join with other concerned Americans in supporting this 
     legislation and would urge members of Congress to do 
     likewise.
       God bless your efforts and thank you for your courageous 
     political and moral leadership.
           Sincerely,
     Raymond L. Flynn,
       National President of Catholic Alliance, Former United 
     States Ambassador to the Vatican, and Mayor of Boston.
                                  ____

         Southern Baptist Convention, Ethics and Religious Liberty 
           Commission,
                                 Washington, DC, October 16, 2001.
     Hon. Walter Jones,
     U.S. House of Representatives,
     Washington, DC.
       Dear Congressman Jones: Thank you for your leadership in 
     introducing H.R. 2357, the ``Houses of Worship Political 
     Speech Protection Act.'' This bill is critical to the free 
     exercise of religion in the United States.
       H.R. 2357 is consistent with the Constitutional principle 
     that the church should be separate from the state. The 
     government should not have the power to define what the 
     church believes or practices in principle or in effect. With 
     the unbridled discretion given to the Internal Revenue 
     Service to selectively target those it wishes to silence or 
     threaten, this principle is not currently being protected.
       Your bill will restore the proper balance by providing a 
     ``substsantiality'' test similar to that already applied in 
     the area of legislation or lobbying.
       The Ethics & Religious Liberty Commission believes that 
     while the government should not restrict the activities of 
     the church to define its mission, the church should restrict 
     its own activities consistent with its mission. We believe 
     that the church should speak to the current issues of the day 
     consistent with its own doctrine and teachings. Nothing in 
     the law or practice of government should hinder this freedom. 
     However, we do not believe it is wise, prudent or appropriate 
     for Baptist churches to endorse candidates.
       We endorse your bill because we believe it provides an 
     appropriate barrier to hinder the government from seeking to 
     define the mission of the church. If it should become law, we 
     will encourage Baptist churches to speak freely on the issues 
     of the day (as we believe they should already) but to refrain 
     from formally endorsing candidates.
       Because not all churches hold the particular constraints of 
     Baptist doctrine and history, we do not expect others to 
     apply this particular bill in the same way. However, 
     consistent with Baptist and Constitutional principles, we 
     believe every church should be free to be the church in the 
     way their own doctrine dictates.
       Once again, thank you for your leadership.
           Sincerely,
                                          Richard D. Land, D.Phil.

  Let me go back to the Catholic priest in the 3rd District of North 
Carolina.
  Why should a preacher or priest or rabbi not, if they choose to 
believe that the Lord has talked to them in their heart and say that I 
want your sermon today to be about protecting life or it could be the 
other side of the issue, where the preacher maybe feels that it is a 
pro-choice candidate that he or she feels is the right person? Whether 
they are pro or con on the issue, they should have the right to talk 
about the issue; but because this law is so vague, and I want to touch 
on that in just a moment, Mr. Speaker, this law is so vague that half 
the churches do not know what they can and cannot do when it comes to 
giving sermons on the biblical issues that are today the political and 
moral issues of the year 2002.
  Mr. Speaker, I believe again that the strength of this country is 
that its foundation was built on Judeo-Christian principles; and if the 
spiritual leaders of America do not have the freedom to choose to talk 
about certain issues, then I think America's future is in trouble.
  On the 14th of May of this year, I want to thank the gentleman from 
New York (Mr. Houghton) and the Subcommittee on Oversight. They held a 
hearing on this issue, as well as the gentleman from Illinois (Mr. 
Crane) has always been very interested in this issue, also. He has just 
taken a different approach from this bill, but what I wanted to say was 
that the testimony for the side in support of this law or this bill to 
change the law, we had Dr. D. James Kennedy fly up from Florida to 
speak in behalf of this bill. Then a former Member of the House, and a 
Democrat, who also at one time was the vice mayor of Washington, D.C., 
Pastor Walter Fauntroy, spoke in behalf of this legislation; and then 
the attorney for the American Center for Law and Justice who helped me 
draft this legislation, Colby May, was also one of the witnesses in 
behalf of this legislation.
  At a later time I am going to bring to the floor testimony of two of 
the IRS representatives, a Mr. Miller and a Mr. Hopkins, who appeared 
before the Subcommittee on Oversight on that day, and I am going to 
just paraphrase a couple of comments they made, but I am going to come 
back next week and submit for the Record a couple of statements that 
they made.
  First of all, they acknowledged that this was a very difficult law to 
enforce, when they were asked by the chairman, ``How do you enforce 
this law?'' They said that it was very difficult to do.
  Secondly, what really, really got my attention is that they 
acknowledged that they were dependent on a third party to report the 
church or synagogue. Mr. Speaker, that reminds me of my days of 
studying the history of the forties, when the government is looking for 
a third party to report a violation of a law, that really, being a man 
of faith that I am, and a man that believes strongly in the 
Constitution, that really gives me trouble, to be very honest about it.
  In addition, what the IRS agent said was that possibly the 
legislation that we have introduced would help them better understand 
the vagueness of the Johnson amendment. So I am very hopeful that 
sometime this year that we as a House will take this bill up for a 
debate and a discussion and a vote.
  I want to, as I begin to start towards my closing, I am going to take 
maybe 5 or 6 more minutes, I would like to

[[Page 16658]]

read a quote by a former Congressman, George Hansen. I believe and I 
stand to be corrected, he is from the State of Idaho, but he served 
years ago, but this is what I want to say today and to get in the 
Record. This is what Congressman Hansen said: ``It is impossible to 
have religious freedom in any Nation where churches are licensed to the 
government.'' I am going to repeat that, Mr. Speaker, because I think 
what Mr. Hansen said is absolutely correct: ``It is impossible to have 
religious freedom in any Nation where churches are licensed to the 
government.''
  For those again, let me remind the House that if this was 1953, I 
would not be on this floor because, Mr. Speaker, there would not be any 
restrictions of speech on the churches. I have done the research, and I 
have found that when the churches and synagogues in this country 
qualified for the 501(c)(3) status, there was no restrictions at all on 
the speech of those churches or synagogues or mosques in this country. 
It is the Johnson amendment that was never debated that put the 
government into the churches and synagogues of this Nation, and I again 
believe so much in the first amendment right of each and every American 
citizen that certainly our spiritual leaders, should they choose to 
talk about the issues of the day, whether they be political issues of 
the day or moral issues of the day, they should have the right to do 
so.
  Let me also use another quote, if I may, from Martin Luther. Martin 
Luther said: ``The church must be reminded that it is neither the 
master nor the servant of the State but, rather, the conscience of the 
State.'' Mr. Speaker, what he is saying is that the church should not 
be the servant of the State. It should be the conscience of the State. 
How can it be the conscience of the State if the Federal Government, 
through the IRS, is trying to intimidate what they say?
  Mr. Speaker, I am going to close in just about 2 or 3 minutes and 
yield back my time to the Chair, but I want to close this way by saying 
that I am a person who believes that this country's strength is the 
fact that we are a Nation under God, and those people that are opposed 
to this legislation, in my opinion, do not either understand the 
history of America and the history of the Johnson amendment, or they 
are for whatever reason concerned about the churches and the synagogues 
having the freedom, the total freedom of speech that they enjoyed in 
1953, that was taken away from them in 1954.

                              {time}  1315

  Mr. Speaker, with the help of my colleagues, and I thank the 
Democrats who have joined me in this effort, we will continue to fight 
this battle for returning the First Amendment to our churches and 
synagogues.
  I want to close by a certain way I close in my district every time I 
speak, and that is to ask God to please bless our men and women in 
uniform. I ask God to please bless the families of our men and women in 
uniform. I ask God to please bless the Members of Congress, both House 
and Senate, and their families. I ask God to please bless the President 
of the United States as he has some very difficult decisions in the 
days ahead of him, as we do. And I always close by saying three times, 
I ask God to, please, God, please, God, please, continue to bless 
America.

                          ____________________