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Trump Religious Liberty Order Provides Little Change

Monica Elizabeth
/
Wikimedia Commons

President Trump signed an executive order this week he said would ease restrictions on the political activities of churches.

Although the order was signed to much fanfare in front of an array of faith leaders, and was touted as protecting religious freedom, it will have little effect.

That's according to Illinois State University politics and government Professor Meghan Leonard. Leonard said Congress decades ago prohibited tax exempt religious groups from endorsing political candidates

The federal Johnson Amendment prohibits tax-exempt churches from endorsing or opposing political candidates and it would take an act of Congress to overturn that amendment. 

"The executive order says we should have religious liberty, but there is no backing in law in a way where they could actually change how things are  carried out," Leonard said.

"It says no one under the Affordable Care Act should have to provide birth control as part of their employee health coverage, but those exemptions already existed in the law for both churches and closely-held companies with strong religious beliefs after the Supreme Court Hobby Lobby decision," Leonard  added

The Trump order directs the Internal Revenue Service to exercise  enforcement restraint against religious groups suspected of engaging in political activity. Leonard said the IRS rarely pursues or seeks to fine religious groups for political activity.

She called the Trump order a much watered-down version of its original draft, which was widely opposed, and would have dropped Obama-era protections in the hiring and firing of federal workers who are gay, bi-sexual or transgender.

Leonard described the Trump action as mainly symbolic.

"This was his way of thanking especially white evangelical leaders whose parishioners supported Trump in large numbers, and so in many ways it is a symbolic thank you to some of those who were his strongest supporters."

Leonard said, however, it may embolden religious conservatives to press Congress to pass religious liberty legislation that would carry more force than an executive order.