Churches may endorse candidates from pulpit, IRS says

The Internal Revenue Service said in a Monday legal filing that churches and other houses of worship are exempt from a ban on tax-exempt nonprofits from engaging in certain political activity. The IRS made a joint motion with plaintiffs to settle a lawsuit brought last year by Texas churches and Christian broadcasters. In the motion, the agency agreed to view endorsements of political candidates from the pulpit as private matters, not as a form of campaigning. The motion asked the U.S. District Court for the Eastern District of Texas to bar any presidential administration from hindering the plaintiffs from backing candidates in front of their congregations.

What prompted the lawsuit? Lawyers for the National Religious Broadcasters, two Baptist churches in Texas, and nonprofit prayer group Intercessors For America in September filed the complaint in a federal court in Texas. They challenged the Johnson Amendment, enacted in 1954, that prohibits tax-exempt organizations from participating in political campaigns. The plaintiffs claimed the law infringes on free speech rights, the Fifth Amendment of the Constitution, and the federal Religious Freedom Restoration Act of 1993. The joint motion on Monday stated that the IRS position aligned with the Johnson Amendment and that officials have not historically enforced the ban on houses of worship.

What have opponents of the change said? The National Council of Nonprofits on Monday published a statement condemning the move. Charitable nonprofit organizations provide spaces for people to come together to solve problems and the IRS’s joint motion could undermine their nonpartisanship, said council President and CEO Diane Yentel. The Johnson Amendment for 70 years has ensured these organizations, including churches, remained focused on their mission and not politics, she said. In 2024, 98% of evangelical leaders polled by the National Association of Evangelicals said that pastors should not endorse political candidates from the pulpit.

Dig deeper: Read my report about the initial court filing.