American churches and their leaders can now safely advise their congregations who to vote for in elections — without any financial risks.
In a landmark decision, the Internal Revenue Service (IRS) which is the largest US Treasury bureau, has formally ruled that churches and other houses of worship — may endorse political candidates during religious services — without jeopardising their tax-exempt non-profit status.
Worthy Christian News reports the move has far-reaching implications.
PASTORS FREE TO SPEAK “IN GOOD FAITH” IN CHURCH ON ELECTORAL POLITICS
The IRS acknowledged that when a religious organisation speaks in ‘good faith’ to its membership — on electoral political issues viewed through its faith — it does not constitute prohibited campaign activity.
It compared such advice to a family discussion that did not threaten churches’ tax-exempt status under a law called the Johnson Amendment, which has been in effect since 1954.
That law makes religious leaders and entities liable to lose their tax-exempt status, if they endorse specific candidates ahead of elections or engage in other types of political activity.
The measure also prohibits churches, synagogues, mosques and other non-profit institutions from raising money for political candidates.
“BONA FIDE COMMUNICATIONS IN HOUSE OF WORSHIP DO NOT BREAK LAW”
Supporters of the Johnson Amendment see it as a means to separate church and state in modern American life.
But critics of the law have long argued that it infringes on First Amendment rights for religious leaders to speak out about what is happening in the political realm.
The IRS rejected claims that pastors participate and intervene in politics by doing so.
It concluded: “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.”
“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.”
IRS DECISION FOLLOWED A LEGAL CHALLENGE TO JOHNSON AMENDMENT
The announcement came as part of a consent judgment filed in a Texas federal court, resolving a lawsuit brought by the National Religious Broadcasters Association, Intercessors for America, Sand Springs Church, and First Baptist Church Waskom.
They challenged the Johnson Amendment.
The proposed judgment and final order agreed that the plaintiffs’ interpretation of the amendment is consistent with the way the IRS has applied the law in practice.
In a key finding, the IRS acknowledged that speaking from the pulpit about political elections does not constitute prohibited political campaign activity.
The agency further emphasised that interpreting the Johnson Amendment to censor such communication would create “serious tension with the First Amendment’s Establishment Clause.”
WHY THIS IS A LANDMARK DECISION
The move marks the first time the IRS has formally stated such speech from the pulpit is not only tolerated, but explicitly legal.
While the IRS has rarely enforced the Johnson Amendment against religious institutions — wary of infringing on constitutional freedoms — this latest court-backed clarification effectively codifies that reluctance into formal policy.
The legal development aligns with previous statements by President Donald Trump, who in 2017 issued an executive order directing the Treasury Department not to enforce the Johnson Amendment.
“I will get rid of and totally destroy the Johnson Amendment,” the president said at that year’s National Prayer Breakfast.
“A SIGNFICANT AFFIRMATION OF RELIGIOUS LIBERTY”
He argued that religious leaders should be able to speak freely “without fear of retribution.”
Although the Johnson Amendment remains officially part of the tax code, this judicial interpretation could render it effectively moot for religious institutions.
Earlier this year, Republican lawmakers introduced legislation to repeal the amendment altogether.
Legal analysts say the ruling represents a significant affirmation of religious liberty.
They say it could embolden pastors and faith leaders nationwide to address political matters directly from the pulpit without fear of government reprisal.
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