Posted on 07/08/2025 9:27:07 AM PDT by nickcarraway
The IRS says pastors who endorse political candidates from the pulpit shouldn't have to risk their churches 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 to the U.S. tax code prohibits tax-exempt organizations, including churches, from endorsing or opposing political candidates.
The Christian media group and others sued the IRS last August, saying 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 news of the court filing.
The Times noted that experts in nonprofit law said the IRS stand could lead to a big increase of politics being espoused in churches, even though the filing put in writing what already was pretty much an unspoken IRS policy.
The IRS has generally not enforced the Johnson Amendment against houses of worship for speech related to electoral politics.
President 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 didn't respond to an Associated Press request for comment.
Earlier this year, Republican lawmakers introduced legislation to scrap 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," 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 didn't respond to an Associated Press request for comment.
Earlier this year, Republican lawmakers introduced legislation to scrap the Johnson Amendment.
The Johnson Amendment never applied to black churches.
/s
It certainly didnt.
No sarc; you make a good point.
The Johnson Amendment never applied to black churches.
/s
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You didn’t need the sarcasm tag because that was the ABSOLUTE TRUTH.
That has only ever been a problem for predominantly white Churches.
It has never been a problem for Black Churches or mosques.
Better yet undo everything Johnson did, he was an evil, corrupt pos.
Black churches are also centers for voter fraud. All kinds of politicking and political scheming goes on in these churches.
I pull out this oldie but goodie every now and then...
-PJ
Here is an oldie but goodie from Newsmax, November 7, 2000:In 2004, this story popped back up on Newsmax, covering the same topic.
With Carl Limbacher and NewsMax.com Staff
For the story behind the story... Tuesday November 7, 2000; 9:37 AM ET
Jesse Jackson Jr. Says Church Politicking 'Supersedes the Law'
It may be against federal election law to campaign in church. But for Democrats seeking to get out the vote in minority districts, politicking from the pulpit has become indispensable.
In the last days of this year's campaign, Vice President Al Gore, Senate candidate Hillary Clinton and her husband have all made regular appearances at African-American and Hispanic churches.
Even when parishioners objected to Mrs. Clinton campaigning from the altar at a Rochester, N.Y., Catholic church last week, the rules were not enforced. Those who didn't like it were simply ejected by police while the first lady continued her campaign speech.
Congressman Jesse Jackson Jr., whose namesake is both a reverend and one of the Democratic Party's most vocal boosters, was challenged on the issue Monday during a Tennessee radio interview on WLAC-AM by "Nashville This Morning" hosts Steve Gill and Terry Hopkins.
GILL: Let me ask you about this. It's against IRS regulations for politicians to campaign from the pulpit. Why are these politicians campaigning in black churches?
JACKSON: I'm not totally convinced that's true in the African-American community. Certainly there's a separation of church and state. But in our community there's little distinction between our religion and our politics. ... And so in many African-American churches born out of experience in this country, the role of the churches has evolved into a very, very active political institution which has been very effective for a number of causes in the black community.
HOPKINS: And that supersedes the law?
JACKSON: Absolutely. Oh, absolutely.
From the NewsMax.com Staff Thursday, June 3, 2004
For the story behind the story... Only Democrats Are Allowed to Campaign in Churches
Anti-religious zealots and hypocrites who don't object when the likes of John Kerry and Al Sharpton and Bill Clinton and Al Gore and Jesse Jackson and Jimmy Carter campaign in churches are feigning outrage that President Bush dares to do the same thing.
An e-mail from Luke Bernstein of the Bush-Cheney campaign's office in Pennsylvania asks churchgoers to organize "Friendly Congregations" to promote the president's re-election.
"I'd like to ask if you would like to serve as a coordinator in your place of worship," the message says. "We plan to undertake activities such as distributing general information/updates or voter registration materials in a place accessible to the congregation."
Kevin Madden, a spokesman for the campaign, said: "People of faith feel strongly about the president, are people we want to be part of our campaign. This message is intended to be from individual to individual. This is organizing with individuals who may be members of a church who we hope to identify as supporters and be part of our efforts."
The Internal Revenue Service supposedly bans tax-exempt organizations such as churches from politicking, but Jackson and other Democrats have violated that regulation for decades with impunity. Kerry has recently campaigned and staged photo opportunities at several churches. The New York Times and wire stories attacking the Bush campaign's strategy today refused to mention those facts.
How dare Republicans do what Democrats are allowed to do. Barry Lynn, head of a group that calls itself Americans United for Separation of Church and State, raged, "I have never in my life seen such a direct campaign to politicize American churches."
Thanks for the trip down memory lane on the Dims blatantly ignoring the Johnson Amendment when they want.
The JOHNSON AMENDMENT has not ever had any teeth. It is time for churches to speak out about the importance of moral leadership and offset the power of the purchased media.
Of course, the IRS waits a few decades as more and more churches soften to the LGBTQ crowd before proclaiming to be toothless.
Tee it up for SCOTUS, because that is what they are afraid of: 1st and 4th Amendments.
The Johnson Amendment to the U.S. tax code prohibits tax-exempt organizations, including churches, from endorsing or opposing political candidates.
It is long past time for that amendment to take a hike. I am sort of surprised that it has not undergone Constitutional scrutiny.
Clergy MUST preach Christ, not ANY political candidate!
It may have been "rarely used", but it has been held like a Sword of Damocles over the heads of churches to keep them in fear of saying anything political.
At the last two protestant services I attended, the ministers were decked out in rainbow regalia.
Kinda’ saying “I vote rat” without saying so.
YES!
Those are not Christian churches.
They are virtue signaling social clubs.
Let’s not politicize every aspect of life.
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