The History of The Johnson Amendment of 1954
And
House Resolution 235
Compiled and edited by Kasey Kelly
February 4, 2005
The First Amendment clearly states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,…."
And
House Resolution 235
Compiled and edited by Kasey Kelly
February 4, 2005
The First Amendment clearly states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,…."
The Houses of Worship Political Speech Protection Act
House Resolution 235 was designed to revise the IRS code to remove restrictions placed on churches and non-profit organizations in 1954 by then-Senator Lyndon Johnson. Prior to 1954, churches and non-profit organizations had no such restrictions on their freedom of speech or their right to speak out in favor or against political issues or candidates.
The history of Johnson’s IRS gag order is instructive. It began with what some historians believe to be a fraudulent election of Johnson to the Senate in 1948. It has been maintained by both conservative and liberal historians that Lyndon Johnson’s election to the Senate in 1948 was won by massive voter fraud. Known as “Landslide Lyndon,” this aspiring politician was “elected” by only 87 votes. His challenger, Coke Stevenson, challenged his election and presented credible evidence that hundreds of votes for Johnson had been faked. Johnson, however, was successful in blocking Stevenson’s effort by the clever use of “cooperative” court injunctions.
In 1954, Johnson was facing re-election to the Senate and was being aggressively opposed by two non-profit anti-Communist groups that were attacking Johnson’s liberal agenda. In retaliation, Johnson inserted language into the IRS code that prohibited non-profits, including churches, from endorsing or opposing candidates for political office. In effect, Senator Johnson used the power of the go-along Congress and the IRS to silence his opposition. Unfortunately, it worked. Some in Johnson’s staff claimed that Johnson never intended to go after churches, only the two “nonprofits” in Texas. Nevertheless, his sly amendment to the tax code affected every church in America, and it is a violation of the First Amendment of the Constitution of the United States.
The legislation proposed by Rep. Jones in the 109th Congress is designed to overturn Johnson’s vindictive gag order that now penalizes churches, churches that dare speak out against government policies and politicians that the churches may deem to be immoral or bad for America. There is no reason for this gag order to remain in effect, but Congress apparently thinks it must perpetuate bad public policy simply because it exists.
Organizations like Americans United for the Separation of Church and State, People For The American Way, and The American Civil Liberties Union continue to claim that this Johnson gag order must be upheld to protect “church/state separation.” This is irrational and fails to take into account the entire history of religious freedom in the United States.
Throughout our nation’s history-both before and after the American Revolution-our nation’s pastors freely spoke out on the political and moral issues of the day. It was their duty and their right under the Constitution to preach against immorality and corruption in the political and the moral realm. Historian James H. Hutson, writing in Religion and the Founding of the American Republic, notes: “Preachers seemed to vie with their brethren in other colonies in arousing their congregations against George III.” And, as Hutson discovered, the House of Representatives sponsored church services in its chambers for nearly 100 years. These services only ended when convenient transportation was available to take Members of Congress home for the weekend.
It is interesting to observe that our Founding Fathers and our first elected officials didn’t have any notion of “church/state separation,” so vehemently endorsed by Americans United and other modernist groups. Our Founders valued religion and wrote the First Amendment to protect the free expression of religious beliefs-and the freedom to speak out on the moral issues-including those involving politics and politicians.
The disservice that Lyndon Johnson did to religious freedom has yet to be undone, but in the current session of Congress, H.R. 235 must be passed-to undo Johnson’s vengeful action against his political opponents. We need to finally exorcise our public policies of the sad legacy of Landslide Lyndon.
House Resolution 235 was designed to revise the IRS code to remove restrictions placed on churches and non-profit organizations in 1954 by then-Senator Lyndon Johnson. Prior to 1954, churches and non-profit organizations had no such restrictions on their freedom of speech or their right to speak out in favor or against political issues or candidates.
The history of Johnson’s IRS gag order is instructive. It began with what some historians believe to be a fraudulent election of Johnson to the Senate in 1948. It has been maintained by both conservative and liberal historians that Lyndon Johnson’s election to the Senate in 1948 was won by massive voter fraud. Known as “Landslide Lyndon,” this aspiring politician was “elected” by only 87 votes. His challenger, Coke Stevenson, challenged his election and presented credible evidence that hundreds of votes for Johnson had been faked. Johnson, however, was successful in blocking Stevenson’s effort by the clever use of “cooperative” court injunctions.
In 1954, Johnson was facing re-election to the Senate and was being aggressively opposed by two non-profit anti-Communist groups that were attacking Johnson’s liberal agenda. In retaliation, Johnson inserted language into the IRS code that prohibited non-profits, including churches, from endorsing or opposing candidates for political office. In effect, Senator Johnson used the power of the go-along Congress and the IRS to silence his opposition. Unfortunately, it worked. Some in Johnson’s staff claimed that Johnson never intended to go after churches, only the two “nonprofits” in Texas. Nevertheless, his sly amendment to the tax code affected every church in America, and it is a violation of the First Amendment of the Constitution of the United States.
The legislation proposed by Rep. Jones in the 109th Congress is designed to overturn Johnson’s vindictive gag order that now penalizes churches, churches that dare speak out against government policies and politicians that the churches may deem to be immoral or bad for America. There is no reason for this gag order to remain in effect, but Congress apparently thinks it must perpetuate bad public policy simply because it exists.
Organizations like Americans United for the Separation of Church and State, People For The American Way, and The American Civil Liberties Union continue to claim that this Johnson gag order must be upheld to protect “church/state separation.” This is irrational and fails to take into account the entire history of religious freedom in the United States.
Throughout our nation’s history-both before and after the American Revolution-our nation’s pastors freely spoke out on the political and moral issues of the day. It was their duty and their right under the Constitution to preach against immorality and corruption in the political and the moral realm. Historian James H. Hutson, writing in Religion and the Founding of the American Republic, notes: “Preachers seemed to vie with their brethren in other colonies in arousing their congregations against George III.” And, as Hutson discovered, the House of Representatives sponsored church services in its chambers for nearly 100 years. These services only ended when convenient transportation was available to take Members of Congress home for the weekend.
It is interesting to observe that our Founding Fathers and our first elected officials didn’t have any notion of “church/state separation,” so vehemently endorsed by Americans United and other modernist groups. Our Founders valued religion and wrote the First Amendment to protect the free expression of religious beliefs-and the freedom to speak out on the moral issues-including those involving politics and politicians.
The disservice that Lyndon Johnson did to religious freedom has yet to be undone, but in the current session of Congress, H.R. 235 must be passed-to undo Johnson’s vengeful action against his political opponents. We need to finally exorcise our public policies of the sad legacy of Landslide Lyndon.
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