DOJ’s Religious Liberty Commission urged to repeal Johnson Amendment

A high-profile pastor urged the Trump administration’s Religious Liberty Commission Wednesday to press Congress to end a longstanding prohibition of church engagement in the political sphere. First Baptist Dallas Senior Pastor Robert Jeffress called for the repeal of the Johnson Amendment, a tax provision barring charities and churches from participating in election campaigns.

Jeffress’ comments came during the fourth meeting of the commission, which the Trump administration established in May to examine potential religious liberty violations. Texas Lt. Gov. Dan Patrick chaired Wednesday’s meeting.

Jeffress testified that the IRS threatened to repeal First Baptist’s tax exemption after the church hosted its annual patriotic-themed church service centered on religious freedom. The Biden-Harris administration weaponized the Johnson amendment and attacked America’s foundational right of free religious exercise, he said. While the 157-year-old Texas church could afford to spend the hundreds of thousands of dollars in legal fees to defend its rights, not all churches can or should be forced to do that, he said.

Jeffress emphasized the importance of pastoral courage against what he characterized as speech-chilling statutes, like the Johnson Amendment. People need to realize that God called pastors to preach the truth, not what’s popular, he said. Jeffress called on Congress to repeal the amendment and for the DOJ to stop the statute from discriminatory and capricious enforcement.

How did the committee respond? Several committee members said they appreciated Jeffress’ testimony, including noted daytime talk show host Dr. Phil McGraw. McGraw said the amendment is too often weaponized as an intimidation tactic. Even if federal prosecutors drop the case, they know they can hurt churches with crushing court fees, so it’s really management through intimidation, McGraw said.

What is the Johnson Amendment? The Johnson Amendment, passed by Congress in 1954, is part of the IRS tax code that prohibits 501(c)(3) nonprofits, including churches, from engaging in political campaign activity. Proponents of the measure, such as the Center for American Progress, argue that its repeal would jeopardize the independence of houses of worship, while at the same time exposing them to outside influence and political manipulation. They also argue that it would remove necessary transparency from campaign donations.

Dig deeper: Read my report on the commission’s September hearing on religious liberty in education.