WashingtonAccording to TheIRS, pastors who publicly support political candidates shouldn’t have to worry about losing their tax-exempt status.
The action essentially requests a special exception for religious organizations under the Johnson Amendment, a seldom applied IRS provision named for then-Sen. Lyndon Johnson that was implemented in 1954.
The National Religious Broadcasters Association, an evangelical media consortium, and other plaintiffs have filed a joint court filing asking a federal court in Texas to prevent the government from enforcing the Johnson Amendment against them in an effort to put a stop to an ongoing case against the IRS.
A 1954 change to the US tax code known as the Johnson Amendment forbids tax-exempt groups, such as churches, from supporting or opposing political candidates.
In a lawsuit filed against the IRS last August, the Christian media group and others claimed that the amendment infringed upon their First Amendment rights to freedom of speech and freedom of religion, among other legal protections. The IRS and plaintiffs wrote on Monday that the Johnson Amendment should be read to prevent communications from a house of worship from reaching its members in relation to religious services through the regular routes of communication on religious matters.
The court filing was first reported by the New York Times.
In general, the IRS has not applied the Johnson Amendment to religious institutions for political speech.
In 2017, President Donald Trump signed an executive order instructing Treasury to ignore the Johnson Amendment, a provision he has stated he wants to abolish.
Trump declared during a 2017 National Prayer Breakfast, a high-profile gathering of politicians, dignitaries, and religious leaders, that he will repeal and completely dismantle the Johnson Amendment and permit our representatives of faith to speak freely and without fear of reprisal.
An Associated Press request for comment was not answered by representatives of the National Religious Broadcasters Association or the IRS.
Republican lawmakers proposed legislation to repeal the Johnson Amendment earlier this year.
