Can Lubbock churches campaign on ordinances?

LUBBOCK, Texas — For churches advocating against Proposition A , which would decriminalize certain amounts of marijuana if approved by voters, Texas Tech Law Professor, Richard Rosen, said for the most part, they’re protected by the Constitution .

“When it comes to the first amendment, free speech wise, just about anything goes,” Rosen explained, “I mean, there are very few exceptions to the clause.”

Rosen said that’s because the ordinance is nonpartisan, and no candidates are involved.

“It’s just a pure issue… you know, possession of a small amount of marijuana, and whether you agree with it or not, everybody’s got a right to an opinion and to an expression of opinion,” Rosen said.

However,  if religious groups, and other tax-exempt organizations, endorse certain political candidates, Rosen said that’s a different story.

“There are restrictions on endorsing candidates where they can lose their nonprofit status,” he said.

While the ordinance has brought the topic to the forefront of people’s minds, Rosen said churches taking a stance on civic issues isn’t anything new.

“Of course, you have churches that oppose abortion,” he said. “I remember during the Vietnam War, you had clergy there to speak out against the war.”

Rosen also referenced some churches who spoke in favor of making Lubbock a sanctuary city for the unborn back in 2021.

However, for Rosen, people being able to freely speak for or against Prop A is just part of the bigger picture of the importance of the First Amendment.

“I think the First Amendment free speech clause is essential in a democracy to allow all sides to be heard, and people can express their opinions,” he said. “However, they can be tested in more than just the small independent marketplace of ideas and theoretically, the best idea wins and the voters will get behind it.”

EverythingLubbock.com reached out to several churches, but they didn’t immediately reply to a request for comment.

As for Prop A,  early voting has wrapped up, but registered voters can still cast their ballots on the ordinance, and many other things, on Saturday, May 4th.

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