In 1954, Senator Lyndon B. Johnson of Texas introduced legislative language that changed the IRS code, prohibiting non-profits and churches from endorsing or opposing political candidates. Critics of the Johnson Amendment assert that this provision in the code – Section 501(c)(3) – violates the First Amendment’s Free Exercise Clause, while supporters contend the Johnson Amendment preserves the First Amendment’s Establishment Clause. -- Our panel will examine the application of the Johnson Amendment to religious ministers in their preaching duties during worship services. Does the Johnson Amendment constrain clergy from effectively imparting messages integral to their faith, or is it an appropriate safeguard to ensure that churches and government limit their respective activities? -- Panelists include Benjamin W. Bull of the Alliance Defense Fund; Professor Douglas Laycock of The University of Michigan Law School; Rev. Barry W. Lynn of Americans United for Separation of Church and State; Professor Donald B. Tobin of The Ohio State University, Michael E. Moritz College of Law; and Steffen N. Johnson of Winston & Strawn LLP as the moderator. Introduction by Erik Stanley of the Alliance Defense Fund.

On March 10, 2009, the United States Department of Health and Human Services (“HHS”) under President Obama issued a notice of proposed rule making to rescind the conscience protection regulations promulgated by President Bush.  The Bush rule was finalized December 19, 2008 and took effect January 20, 2009.  It contains requirements that certain recipients of federal healthcare funds provide certification of compliance with three existing federal conscience protection laws; provides definitions; and attempts to clarify the scope of the conscience protections under these laws.  The rule has attracted broad attention because, among other things, of the implication that hospitals that receive federal funding could have funding cut off if they require any healthcare personnel to perform or “assist in” abortions, and the potential conflict with states or national medical societies that presumably now cannot require doctors to perform or refer for abortions as a condition of medical licensure.

On his third day in office, President Obama issued an Executive Memorandum revoking the “Mexico City Policy,” which had previously

required nongovernmental organizations to agree as a condition of their receipt of Federal funds that such organizations would neither perform nor actively promote abortion as a method of family planning in other nations.ⁱ

The American Recovery and Reinvestment Act of 2009 (ARRA) authorizes many federal expenditures for which faith-based (and other nonprofit) organizations are eligible.  This briefing paper summarizes the expenditure rules concerning the participation of faith-based organizations.  In several areas, stimulus funding is available to faith-based organizations under the status quo, while other stimulus funding is unavailable to them or is available only with broad restrictions.