IRS says churches can now endorse political candidates from the pulpit

The Internal Revenue Service (IRS) said that tax-exempt houses of worship can now endorse political candidates to their congregations, a major win for free speech and religious liberty.

In news that was first reported by the New York Times, the agency carved out an exemption for pastors to make political recommendations without fear of losing their tax-exempt status, effectively ending a decades-old ban on such activity.

The IRS’s decision was included in a Monday court filing that intended to settle a lawsuit filed by two Texas churches and a group of national religious broadcasters.

The IRS said that if a house of worship chose to weigh in on a preferred candidate to congregants, it would view it like “a family discussion concerning candidates” and not as campaigning.

“Bona fide communications internal to a house of worship, between the house of worship and its congregation, in connection with religious services, do neither of those things, any more than does a family discussion concerning candidates,” the tax collection and enforcement agency wrote in the filing

The prohibition on churches making political endorsements has been in place since the mid-20th Century under the Johnson Amendment, named for former president and then-Democrat Senator Lyndon B. Johnson.

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President Donald J. Trump has called for the repeal of the Johnson Amendment. “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,” the president said at a 2017 National Prayer Breakfast.

In the filing, the agency said that banning churches from political endorsements would create “serious tension” with the First Amendment, according to the New York Times.

“For many houses of worship, the exercise of their religious beliefs includes teaching or instructing their congregations regarding all aspects of life, including guidance concerning the impact of faith on the choices inherent in electoral politics,” the IRS stated.

X users reacted to the news.

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National Council of Nonprofits President Diane Yentel said that the agency’s move is “not about religion or free speech, but about radically altering campaign finance laws. The decree could open the floodgates for political operatives to funnel money to their preferred candidates while receiving generous tax breaks at the expense of taxpayers who may not share those views.”

“It basically tells churches of all denominations and sects that you’re free to support candidates from the pulpit,” the Times quotes University of Notre Dame law professor Lloyd Hitoshi Mayer. “It also says to all candidates and parties, ‘Hey, time to recruit some churches.’”

Chris Donaldson

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