27 October 2019

O'Rourke and the Tax-Exempt Evangelicals: (Part 1)


Recently I was listening to the Family Life Network's 'experts' on all things political. In reality the two experts or regular guests on their Capitol Connection show, Michael Geer of the Pennsylvania Family Institute and Jason McGuire of New Yorkers for Constitutional Freedoms are bought and paid for lobbyists who have no interest in helping the Christian audience discover the truth or foster tools of discernment. They appear in order to promote a line but it's deceptively represented as some kind of informed and honest coverage.


The latest comments made by Democratic presidential candidate 'Beto' O'Rourke have generated something of a frenzy. As one commentator on another programme put it, he's dropping grenades in order to make news, to get himself back into the race and become a serious contender. He's being provocative and aggressive. Not long ago he made some anti-gun comments and now O'Rourke has effectively become a poster child for NRA membership campaigns. They've probably benefited more from his comments than did his campaign.
Recently while participating in the Sodomite issues debate O'Rourke suggested that institutions and even churches which refuse to accept gay marriage should lose their tax exempt status. It was hardly a surprise that these comments echoed across the ecclesiastical spectrum but fell particularly hard on the ears of Evangelicals and their financial colossus.
The coverage has been extensive and yet sorely lacking. The Family Life Network 'experts' expressed concern that a presidential candidate would have so little regard for the 1st Amendment. Listening to them and others I've been struck by the utter lack of informed commentary and what seems (to me) little more than scaremongering. Whatever the case, the Christian audience isn't even being presented with the real issues, let alone provided with any kind of intelligent and reflective commentary.
But after all they're lobbyists, not experts. The fact that FLN misrepresents what these men are is on them. Their audience has itching ears and so in some respects they're getting what they deserve. And in the case of news and analysis the FLN audience is sure to be impoverished and ignorant.
O'Rourke's comments were stupid and deliberately provocative but at the same time there actually is a case to be made.
First of all there are limits to the 1st Amendment, everyone would agree on that and everyone knows the examples. From shouting 'fire' in a movie theatre to speech that urges violence, harm or lawbreaking, there are clear examples in which the 1st Amendment doesn't apply.
These lobbyists and many on the Right have chosen to ignore the legal fallout which resulted from the Civil War. In fact, many are in flat denial. In trying to argue for Originalism and an all but iron-clad US Constitution they've missed or deliberately have chosen to downplay the role of the Amendments. They 'are' the Constitution and the very fact that they can be passed at all defeats the argument of Originalism. There are plenty of other arguments (both legal and historical) that can be marshaled but this one alone is sufficient and demonstrates the Originalist view which really came into being during the 1970's was not the view of the Founders, the drafters of the Constitution and the creators of the Republic. Even a survey level examination of American history and American law demonstrate the fallacy of this view. Masquerading as a 'conservative' view, Originalism is actually an innovation and a facade for Right-wing arguments and agendas.
The post-Civil War Amendments made profound changes to the nature of the Constitution and threw some earlier amendments (such as the 10th) into question.  To provide a simplified example, the14th Amendment which mandates the Federal Government apply equal protection comes into conflict with the 10th Amendment which argues that any powers not specifically delegated or enumerated by the Constitution belong to the states. Hence for decades things like education, marriage and even abortion were state issues. Alcohol was also on that list until the issue was 'federalised' by 18th Amendment and then (more or less) returned to the states by the 21st.
While there have been battles over the reconciliation of these principles, first with Plessy v. Ferguson (a 10th Amendment victory) culminating in Brown v. Board of Education (a victory for the 14th Amendment), the 14th Amendment (and all the post-Civil War amendments) has stood the test of precedent. The question is in terms of application.
Socially speaking the law tends to go through a process of change after every war and World War II began to have profound effects on the fabric of law which played out in subsequent decades. The principles remained but the application began to change. After what happened in Europe no one could look at Jim Crow the same way. The narratives and principles which (supposedly) guided and governed US participation in the conflict generated contradictions at home... and generated social struggle which played out in the fifties and reached a point of crisis in the 1960's. This is an aspect to the 1960's that you're not going to hear about in Right wing circles.
With the Civil Rights Act of 1964, which was passed in part on the basis of the 14th Amendment's call for Federal enforcement of Equal Protection, suddenly certain people's 1st Amendment rights to refuse service to blacks were called into question. I don't doubt that many Conservatives would wish they could roll back the Civil Rights Act and some would even remove the 14th Amendment altogether. Indeed none other than Barry Goldwater warned that the Civil Rights Act would undermine the 1st Amendment. Regardless of what one thinks of Goldwater, he was correct.
And yet today's lobbyists, commentators and Evangelical revisionist historians aren't going to venture down that road, at least not in public. And so they attack the principles from other angles.
But what about O'Rourke's statement? Well, given that since 2015 Sodomite marriage is in fact the law of the land, you could make a case that non-profit organisations which refuse to comply with 14th Amendment provisions should (at the very least) lose tax exempt status. This is actually a milder application than what happened to a segregationist lunch diner in the 1960's. In that case they were forced to serve blacks and let them use the same restrooms as whites etc. O'Rourke's argument actually respects the fact that the 1st Amendment still stands.
No one is saying these organisations have to perform homosexual marriage ceremonies or be shut down. No, what's being suggested is that they lose their tax exemption. Their properties and funds are currently exempt from taxes and those revenues are lost to the community, which is accepted because it's implied that these government-recognised charities perform a social good. They are 501c3 Non-Profit Organisations. But if they're promoting positions contrary to the law and contrary to social consensus (or perceived consensus) then why should they be eligible for what amounts to a subsidy? They can run their organisations, maintain their facilities and pay their workers (high wages and bonuses if they want) and yet they don't have to contribute to the public coffers which fund the roads, fire departments, police and sidewalks like every other business does? That tax bill that doesn't have to be paid is tantamount to money in the pocket, a subsidy. It's money they get to keep, that other businesses and organisations have to pay. Why should organisations which defy the law receive that benefit?
They can still keep their 1st Amendment rights but given their position vis-à-vis the law they shouldn't receive what amounts to accolade. That's the argument. Like it or not it's a plausible one. It doesn't mean it can't be fought and it certainly would be, but what I am saying is that the radio commentators by refusing to even speak of this are either ill-informed and ignorant or deliberately misleading. My guess is a bit of both.
Am I suggesting these churches ought to capitulate on this issue? Am I suggesting O'Rourke is making a moral argument?
Not for a second. Rather I would hope that this moment would drive some Christians, leaders and congregations to re-think the whole question of non-profit status. Equivalent to state registration, these churches have compromised Biblical polity and allowed the state to impose a set of rules concerning by-laws, trustees, budgets, auditing, financial practices, limitations of speech, building codes, so-called 'safeguarding' and the like. Churches should have never conceded to this in the first place but of course such a re-assessment would require these congregations and para-church organisations to re-think the whole question of finances and how they are structured. I encourage this and I hope to see many congregations drop this status.  
The ones who have the most to lose are (generally speaking) the congregations and institutions that are corrupt and as far as I'm concerned should in fact shut down. It seems as if so many of these questions come back to money and the love of it. I have no pity for so-called Bible teachers and ministry leaders who rake in salaries of hundreds of thousands of dollars.
In addition to re-thinking non-profit status maybe American Evangelicals and Confessionalists would do well to reconsider the question of the Constitution and its philosophical basis, yea the whole trajectory of law in light of Classical Liberalism. Some who have spent their lives intertwining the American narrative with Christianity suddenly discover that the Social Contract and so-called human rights are not always compatible with Christianity, let alone do they 'flow' from it. These things seemingly worked while there was a social consensus but if they're not universal (applicable in all places and at all times) these concepts can hardly be identified with Biblical doctrine.*
And clearly these concepts are not universal. They may prove convenient or provide a functional form to society when there's a consensus but when seriously applied in an equitable fashion they are revealed to be concepts not only at odds with much of Christianity but actually founded on principles antithetical to Christianity's understanding of authority. Some like the Theonomists (though impoverished and even heretical in their understanding of the New Testament) are honest enough to admit this.
The Roman Catholics understood this centuries ago ...and some still do. They saw the problems with Classical Liberalism. And yet from my perspective this is not to give any credence to their Sacralist models in which State and Church are either intertwined or work in concert. The Protestant varieties of this doctrine while somewhat different in form from the Catholic are but veneers laid upon the same medieval concepts. The collapse of social consensus in the 20th century suddenly exposed the stark but inevitable reality... that Christian Sacralism and Classical Liberalism are incompatible and in opposition.
As one who advocates for a strict New Testament position I can safely say that neither of the aforementioned positions is in keeping with Biblical Christianity and both represent serious dangers to the Christian Church. Liberalism carries a potential threat to Biblical (New Testament) Christianity. Sacralism is always antithetical to it and all too often has represented the greater danger.
Maybe Churches also need to revisit the whole question of 'Church Weddings'? The concept itself is wedded to a Judaized Roman Catholic conceptualisation of marriage as one of the Seven Sacraments (clergy performed of course) and of the building as being akin to a holy temple, with 'sanctuary' and all. Neither Old or New Testament, or even the early Church had such a concept with regard to a marriage ceremony. It's simply not Scriptural and thus this dilemma could easily be solved but I digress.
The Constitution is not a Christian document. No political document can be. Classical Liberalism provides a level of freedom and social pluralism that are nearly ideal for a pilgrim people to operate and function. And yet even its principles if pushed too far will lead to persecution. Likewise the Christian Sacral state is in its essence opposed to New Testament concepts of Christian life and ethics. Like all extreme (and ultimately Bestial) forms of statecraft it seeks to create a monistic social order and thus all dissenters face persecution... the Christians bearing witness against it on the basis of Christian doctrine will be subject to special ire and great wrath. History bears this out. Roman, Byzantine and even Magisterial Protestant varieties have all proven to be intolerant and even vicious toward those who preach dissent by appealing to the Scriptures.
These are complicated issues requiring wisdom and sober consideration. And I realise that a sound-byte driven Christian radio station isn't going to engage in anything more than a shallow analysis, but what do we actually get?
Little more than hack, agenda-driven commentary. These same characters, FLN's so-called 'experts' recently hosted a conference headlined by Sarah Huckabee Sanders, the deceiver and liar for the Trump administration and a shame to all professing Christians in America.
It can safely be stated that Family Life Network is a joke. It's not a serious organisation that's worthy of respect or consideration.
But given that it's a prospering 'ministry' and a source of news for many Evangelicals in the Mid-Atlantic region of the United States... it's no joke at all.

Continue reading Part 2
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*The historical sleight-of-hand and romanticism on this point can at time be so absurd as to be comical. Those that try to draw lines between Calvin's Geneva, the Puritans and the Founding Fathers obviously don't know much about Calvin, the Puritans or what motivated them. For that matter many who make these arguments usually demonstrate an ignorance of the Founding Fathers, their viewpoints and how their ideas played out in the early republic.
As far as someone like Witherspoon, the answer is easy. He was wrong and certainly wrong with regard to the Scriptures. A literal false prophet, he taught the Church to sin and is to be condemned along with the other rebels of 1776 who for love of money and in a spirit not born of Christ, killed men, stole and destroyed property and murdered both the agents of their king and many civilians besides. They confused godliness with gain.
As far as the Magisterial Protestant concept of a social order, it retained much of the spirit and even some of the forms of its Roman predecessor and thus it had little in common with Classic Liberalism. Authoritarian, even totalitarian is more like it. Advocating and practicing censorship, condemnation and torture by biased courts, these societies regulated words, thoughts, food, the naming of children, clothing and even hairstyles. They invaded homes and imposed regimens of housekeeping, examined belongings, perused and confiscated reading materials, forced church attendance under threat of fine, imprisonment and torture. They weren't advocates of the free market either. They rigidly controlled the economy and used state revenue to start businesses and regulate trade. They controlled free time, personal space, surveilled everyone and even denied people the right to live alone or with a relative of their choice. Punishing dissident creeds and other religions, these states were diametrically opposed to the proto-liberalism beginning to emerge in the 16th and 17th centuries. An examination of the demands of the 16th century German peasants who rose up in the 1520's reveals that many of their concerns overlap with concepts that would later come to be identified as human rights. It turns out the rebel peasants were closer in sympathy to 1776 than the Reformers. Luther and the other Reformers condemned the peasants and their uprising. To suggest that there's a direct connection or some kind of ideological kinship between Geneva and 18th century Philadelphia is pure fantasy, an exercise in revisionism, historical eisegesis and anachronism.