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Chicago Tribune
08-07-2025
- Politics
- Chicago Tribune
Pastors who endorse political candidates shouldn't lose tax-exempt status, IRS says in filing
The IRS says pastors who endorse political candidates from the pulpit should not have to risk losing their tax-exempt status. The move effectively calls for a carve out for religious organizations from the rarely used IRS rule called the Johnson Amendment, put in place in 1954 and named after then-Sen. Lyndon Johnson. In a joint court filing intended to end an ongoing case against the IRS, the tax collection agency and the National Religious Broadcasters Association — a Evangelical media consortium — and other plaintiffs have asked a federal court in Texas to stop the government from enforcing the Johnson Amendment against the plaintiffs. The Johnson Amendment is a 1954 amendment to the U.S. tax code that prohibits tax-exempt organizations, including churches, from endorsing or opposing political candidates. The Christian media group and others filed suit against the IRS last August, stating that the amendment violates their First Amendment rights to the freedom of speech and free exercise of religion, among other legal protections. On Monday, the IRS and plaintiffs wrote that the Johnson Amendment should be interpreted 'so that it does not reach communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith.' The New York Times was first to report the news of the court filing. The IRS has generally not enforced the Johnson Amendment against houses of worship for speech related to electoral politics. President Donald Trump has said he wanted to get rid of the Johnson Amendment and signed an executive order in 2017 directing Treasury to disregard the rule. 'I will get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution,' Trump said at a National Prayer Breakfast in 2017, which is a high-profile event bringing together faith leaders, politicians and dignitaries. Representatives from the IRS and the National Religious Broadcasters Association did not respond to an Associated Press request for comment. Earlier this year, Republican lawmakers introduced legislation to remove the Johnson Amendment.
Yahoo
08-07-2025
- Politics
- Yahoo
IRS says churches can endorse political candidates without losing tax exemptions
The Internal Revenue Service agreed in a court filing that churches can endorse political candidates without fear of losing their tax-exempt status. The IRS made the statement in a court case challenging the Johnson Amendment, a 1954 U.S. tax code provision that prohibits all 501(c)(3) nonprofit organizations — including churches — from formally endorsing or opposing political candidates. In a filing Monday aimed at resolving a lawsuit between the National Religious Broadcasters and others against the IRS, the parties jointly agreed that churches can endorse candidates without fear of losing their tax-exempt status. The agreement likens such endorsements to a "family discussion concerning candidates." 'When a house of worship in good faith speaks to its congregation, through its customary channels of communication on matters of faith in connection with religious services, concerning electoral politics viewed through the lens of religious faith, it neither 'participate[s]' nor 'intervene[s]' in a 'political campaign,' within the ordinary meaning of those words,' the parties wrote in the filing in federal court for the Eastern District of Texas, which was first reported by The New York Times. 'Thus, communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted.' The joint motion for a 'consent judgement' in the case must be approved by a judge before the lawsuit is formally resolved. A spokesperson for the IRS and a lawyer for the plaintiffs did not immediately respond to a request for comment. The amendment was named after Lyndon B. Johnson, who sponsored it in the Senate. Johnson had pushed for the rule in response to conservative nonprofits that supported a political rival. The amendment has rarely been enforced when it comes to churches. The Washington Post reported in 2017 that more than 2,000 pastors had publicly defied the Johnson Amendment in organized demonstrations. Only one of the pastors was investigated, and none were punished, the paper reported. President Donald Trump has been a vocal opponent of the amendment. He vowed to "get rid of and totally destroy" it at the National Prayer Breakfast in 2017, adding that doing so would "allow our representatives of faith to speak freely and without fear of retribution." While the IRS action doesn't go that far — getting rid of the amendment would require an act of Congress — it does target the specific provision Trump complained about. Lloyd Hitoshi Mayer, a professor at Notre Dame Law School, said that if approved, the joint motion would technically apply only to the churches that filed suit, but the language in it "is basically giving the green light for churches to endorse candidates from the pulpit and not have to worry about IRS enforcement while President Donald Trump is in office." He predicted the move will have two major ramifications. "The first is that churches that maybe were hesitant to endorse candidates have less of a reason to be hesitant" and are "going to feel freer to support candidates from the pulpit," Mayer said. "The second ramification is even church leaders who don't want to get involved will feel pressure to do so, from political candidates and members of their congregation," potentially putting pastors "in an awkward position." That pressure could include financial incentives from congregants who could try to sway churches with donations, Mayer said. The religious groups' suit argued a change was necessary because churches were unfairly targeted by the amendment, and they sought to have the entire amendment declared unconstitutional. "The IRS operates in a manner whereby the Plaintiffs are in jeopardy of punishment if they forthrightly say that a candidate's positions are unbiblical; or that another candidate's positions are consonant with biblical teaching," their suit says. "The Plaintiffs' speech is clearly chilled in this regard because they are not free to proclaim their views on the issues of the day and then compare their views with the views of the candidates on these same issues." As part of the joint motion, the religious groups agreed to drop their constitutionality claims against the amendment as a whole, so it would still apply to other 501(c)(3) tax exempt organizations, including charities and universities. This article was originally published on
NBC News
08-07-2025
- Politics
- NBC News
IRS says churches can endorse political candidates without losing tax exemptions
The Internal Revenue Service agreed in a court filing that churches can endorse political candidates without fear of losing their tax-exempt status. The IRS made the statement in a court case challenging the Johnson Amendment, a 1954 U.S. tax code provision that prohibits all 501(c)(3) non-profit organizations — including churches — from formally endorsing or opposing political candidates. In a filing Monday aimed at resolving a lawsuit between the National Religious Broadcasters and others against the IRS, the parties jointly agreed that churches can endorse candidates without fear of losing their tax-exempt status. The agreement likens such endorsements to a "family discussion concerning candidates." 'When a house of worship in good faith speaks to its congregation, through its customary channels of communication on matters of faith in connection with religious services, concerning electoral politics viewed through the lens of religious faith, it neither 'participate[s]' nor 'intervene[s]' in a 'political campaign,' within the ordinary meaning of those words,' the parties wrote in the filing in federal court for the Eastern District of Texas, which was first reported by The New York Times. 'Thus, communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted.' The joint motion for a 'consent judgement' in the case must be approved by a judge before the lawsuit is formally resolved. A spokesperson for the IRS and a lawyer for the plaintiffs did not immediately respond to a request for comment. The amendment was named after Lyndon B. Johnson, who sponsored it in the Senate. Johnson had pushed for the rule in response to conservative nonprofits that supported a political rival. The amendment has rarely been enforced when it comes to churches. The Washington Post reported in 2017 that more than 2,000 pastors had publicly defied the Johnson Amendment in organized demonstrations. Only one of those pastors was investigated, and none were punished, the paper reported. President Donald Trump has been a vocal opponent of the amendment. He vowed to "get rid of and totally destroy" it at the National Prayer Breakfast in 2017, adding that doing so would "allow our representatives of faith to speak freely and without fear of retribution." While the IRS action doesn't go that far — getting rid of the amendment would require an act of Congress — it does target the specific provision Trump complained about. Lloyd Hitoshi Mayer, a professor at Notre Dame Law School, said that if approved, the joint motion would technically only apply to the churches that filed suit, but the language in it "is basically giving the green light for churches to endorse candidates from the pulpit and not have to worry about IRS enforcement while President Donald Trump is in office." He predicted the move will have two major ramifications. "The first is that churches that maybe were hesitant to endorse candidates have less of a reason to be hesitant" and are "going to feel freer to support candidates from the pulpit," Mayer said. "The second ramification is even church leaders who don't want to get involved will feel pressure to do so, from political candidates and members of their congregation," potentially putting pastors "in an awkward position." That pressure could include financial incentives from congregants who could try to sway churches with donations, Mayer said. The religious groups' suit argued a change was necessary because churches were unfairly targeted by the amendment, and they sought to have the entire amendment declared unconstitutional. "The IRS operates in a manner whereby the Plaintiffs are in jeopardy of punishment if they forthrightly say that a candidate's positions are unbiblical; or that another candidate's positions are consonant with biblical teaching," their suit says. "The Plaintiffs' speech is clearly chilled in this regard because they are not free to proclaim their views on the issues of the day and then compare their views with the views of the candidates on these same issues." As part of the joint motion, the religious groups agreed to drop their constitutionality claims against the amendment as a whole, so it would still apply to other 501(c)(3) tax exempt organizations, including charities and universities.
Newsweek
08-07-2025
- Politics
- Newsweek
IRS Wants New Carve Out for Pastors
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. The IRS says pastors who endorse political candidates from the pulpit should not have to risk losing their tax-exempt status — and now it's asking a federal court to interpret the law accordingly. In a joint legal filing, the IRS and a coalition of Christian media and religious groups urged that the Johnson Amendment is not enforced against sermons and religious speech delivered through "usual channels of communication" during worship services. That interpretation, if adopted, would carve out a broad exemption for faith-based political endorsements made in churches. A sign outside the Internal Revenue Service building is photographed May 4, 2021, in Washington. A sign outside the Internal Revenue Service building is photographed May 4, 2021, in Washington. Associated Press The request came in a filing submitted in Texas federal court, where the IRS and the National Religious Broadcasters Association — a prominent evangelical media consortium — are seeking to end an ongoing lawsuit over the issue. The filing asks the court to prohibit the government from enforcing the Johnson Amendment against the plaintiffs. The Johnson Amendment, enacted in 1954 and named after then-Sen. Lyndon B. Johnson, bars tax-exempt organizations, including churches, from formally endorsing or opposing political candidates. Although seldom enforced, it has long been a source of tension between religious groups and federal regulators. The plaintiffs, which include the NRB and several religious leaders, filed the lawsuit last August, arguing the amendment violates their First Amendment rights — specifically, the freedoms of speech and religious exercise. In Monday's court filing, the parties called for the Johnson Amendment to be interpreted so it "does not reach communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith." The IRS has historically avoided applying the Johnson Amendment to church sermons or similar religious messages involving electoral politics. Still, faith-based groups have continued to view the rule as a looming threat to free expression. President Donald Trump campaigned on repealing the Johnson Amendment and in 2017 signed an executive order directing the Treasury to ignore it. "I will get rid of and totally destroy the Johnson Amendment," Trump said at that year's National Prayer Breakfast, "and allow our representatives of faith to speak freely and without fear of retribution." Earlier this year, Republican lawmakers introduced legislation aimed at permanently repealing the amendment. This article includes reporting by the Associated Press. This is a breaking news story. Updates to follow.
The Hill
08-07-2025
- Politics
- The Hill
Pastors who endorse political candidates shouldn't lose tax-exempt status, IRS says in filing
WASHINGTON (AP) — The IRS says pastors who endorse political candidates from the pulpit should not have to risk losing their tax-exempt status. The move effectively calls for a carve out for religious organizations from the rarely used IRS rule called the Johnson Amendment, put in place in 1954 and named after then-Sen. Lyndon Johnson. In a joint court filing intended to end an ongoing case against the IRS, the tax collection agency and the National Religious Broadcasters Association — a Evangelical media consortium — and other plaintiffs have asked a federal court in Texas to stop the government from enforcing the Johnson Amendment against the plaintiffs. The Johnson Amendment is a 1954 amendment to the U.S. tax code that prohibits tax-exempt organizations, including churches, from endorsing or opposing political candidates. The Christian media group and others filed suit against the IRS last August, stating that the amendment violates their First Amendment rights to the freedom of speech and free exercise of religion, among other legal protections. On Monday, the IRS and plaintiffs wrote that the Johnson Amendment should be interpreted 'so that it does not reach communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith.' The New York Times was first to report the news of the court filing. The IRS has generally not enforced the Johnson Amendment against houses of worship for speech related to electoral politics. President Donald Trump has said he wanted to get rid of the Johnson Amendment and signed an executive order in 2017 directing Treasury to disregard the rule. 'I will get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution,' Trump said at a National Prayer Breakfast in 2017, which is a high-profile event bringing together faith leaders, politicians and dignitaries. Representatives from the IRS and the National Religious Broadcasters Association did not respond to an Associated Press request for comment. Earlier this year, Republican lawmakers introduced legislation to remove the Johnson Amendment.
