Squealing About an Endorsement
By Anthony | April 26th, 2007 | 12:53 amLocal blogger Joe Guarino recently wrote about City Councilwoman Yvonne Johnson’s announcement of her mayoral candidacy. At the end of his post, Joe had this to say:
The News and Record also reported that Rev. Howard Chubbs offered his endorsement and spoke on her behalf. He is the pastor of Providence Baptist Church, reported to be “one of the most prominent black churches in town”. Once again, our local separationists failed to squeal in outrage that the esteemed wall between church and state had been breached. If a local conservative Christian or Catholic pastor had done something like this, we never would have heard the end of it.
I’m not sure if I qualify as a “local separationist”, but since I’ve written on such topics before, let’s take a look and see if there’s anything to this that’s worthy of squeals of outrage.
The main issue at hand is whether Chubbs’ endorsement breaches the wall of separation between church and state. The main protection that this “wall” provides applies to governmental authorities – acting in an official capacity, government agents may not act to endorse or favor one religion over another. Chubbs is not an agent of the government. In fact, at first glance, this would appear to be the exact opposite situation – a church looking to endorse or influence the government.
That brings up another potential conflict. While it’s obvious that there is no problem here in the sense of the government meddling in religion, there are indeed certain circumstances where churches and other non-profit organizations are prevented from doing exactly what Chubbs did – speaking on behalf of a certain candidate, and attempting to influence voters to vote in a certain partisan direction. IRS regulations state:
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.
However, this is intended to apply to the church as an organization. It applies directly to pastors or church officials only when they are speaking from the pulpit, or in an official capacity on behalf of the church. From the IRS website:
The political campaign activity prohibition is not intended to restrict free expression on political matters by leaders of organizations speaking for themselves, as individuals. Nor are leaders prohibited from speaking about important issues of public policy. However, for their organizations to remain tax-exempt under section 501(c)(3), leaders cannot make partisan comments in official organization publications or at official functions.
So if Chubbs was speaking from the pulpit, or as a church leader at an official church function, we’d have a problem here. The context of Chubbs’ endorsement is given in the News and Record article that Guarino links to:
On Thursday , there were a few signs — more than a few signs, actually — that City Councilwoman Yvonne Johnson’s mayoral candidacy won’t be your typical starched, buttoned-up affair.
… [S]peakers offered a preview of Johnson’s powerful political support: former council members Claudette Burroughs-White and Robbie Perkins ; attorney and civic leader Henry Isaacson ; arts activist Betty Cone ; and the Rev. Howard Chubbs , the pastor of one of the most prominent black churches in town, Providence Baptist Church .
Chubbs, who isn’t Johnson’s pastor, said she told him weeks ago she was considering a run for mayor.
He asked: “Who better than you and what better time than now?”
In other words, Chubbs’ endorsement was given at Johnson’s press conference to announce her candidacy, at the Phill G. McDonald Governmental Plaza in Greensboro. All indications are that he was speaking in an individual capacity, hence there is no conflict here, and nothing worthy of any squeals.
Had Chubbs been speaking from the pulpit, then I would absolutely agree that there was a conflict. But the First Amendment also guarantees free speech, and as an individual Chubbs is fully entitled to that right. I would say the same thing of any conservative church leader endorsing a politician in an individual capacity.


