No separation...

Trump to relax enforcement of political activity by religious groups

The executive order would also provide 'regulatory relief' to an Obamacare mandate that riles conservatives

By COLIN WILHELM

President Trump will sign an executive order Thursday to provide “maximum enforcement discretion” to the Internal Revenue Service when enforcing a prohibition on political activity by religious nonprofits.

The order would also provide “regulatory relief” on the preventive services mandate of the Affordable Care Act, a contentious issue for religious conservatives who feel they should not be forced to pay for health insurance plans that cover birth control or other items that they feel might go against their religious beliefs.

But a White House official acknowledged that the executive order would not change current law, meaning it’s unclear what substantive effect it will have, if any.

“All laws still apply,” the White House official said. “Anything that would currently be illegal under current law would still be illegal, we’re not changing the law.”

That didn’t prevent Democrats from raising concerns that Trump’s new order could be used to violate a prohibition on political advertising and campaigning by religious nonprofits.

On Wednesday three Senate Democrats, Ron Wyden (D-Ore.), Bill Nelson (D-Fla.), and Bob Casey (D-Pa.), criticized the executive order President Trump is expected to sign tomorrow in part to allow for religious organizations to more actively engage in politics.

The executive order targets the Johnson amendment, a 1950s era policy sponsored by then Sen. Lyndon Johnson to prohibit religious organizations from engaging in campaigning. The lead House Republican on tax policy, Rep. Kevin Brady (R-Texas), has said he would like to fully repeal the law as part of his comprehensive tax reform plan.

“Proposals to weaken the prohibition on political campaign activity by charities will effectively lead to the elimination of our nation’s campaign finance laws,” the senators wrote in a letter to Republican congressional leaders, claiming that a relaxation of the prohibition would allow charitable causes to be used, “as shell companies to evade campaign finance transparency and contribution limits would increase the flow of dark money in politics.”

When questioned by reporters during a background briefing, the White House official acknowledged the concern.

“No one’s suggesting that churches can take out political ads,” the official said.
The White House said it did not expect a legal challenge.

“We don’t expect any legal challenges, we’re not changing the law, we’re not trying to violate the law,” the official said.