WASHINGTON (AP) — The IRS has made a surprising move that allows pastors to openly support political candidates from the pulpit without risking their organization’s tax-exempt status. This decision has been met with approval from conservatives, some progressive religious groups, while raising concerns among other faith leaders, as well as tax and legal experts.
The Johnson Amendment, a provision in the tax code from 1954, states that churches and nonprofits could lose their tax-exempt status if they engage in political campaigns supporting or opposing any candidate for public office. Historically, this rule has been rarely enforced.
While the IRS did not advocate for the repeal of the Johnson Amendment, it stated in court documents on Monday that communications made in good faith by a church to its members do not constitute “intervening” in a political campaign or influencing its outcome.
This new interpretation by the IRS follows years of debate and recent legal challenges from conservative churches, including the National Religious Broadcasters association, who argued that the Johnson Amendment infringes upon their First Amendment rights.
President Donald Trump praised the IRS’ decision, expressing support for churches endorsing political candidates. Some view this as a positive development, allowing for increased political discourse within congregations, while others worry about potential issues such as campaign finance corruption and increased pressures on religious leaders, leading to a greater entanglement between church and state.
Various religious leaders have expressed differing opinions on the matter. Pastor Robert Jeffress applauded the decision, emphasizing that the IRS should not interfere with what is said from the pulpit. Meanwhile, Calvary Church Chino Hills in California has been endorsing candidates for years and hopes this will embolden smaller churches to engage in political discussions without fear of IRS repercussions.
For Democrats seeking to engage with religious voters, this decision is seen as an opportunity to bridge the gap with faith communities. Doug Pagitt, a pastor and executive director of a progressive evangelical organization, believes that the IRS statement will bring an end to the cautious approach that pastors and congregations previously had to take when discussing politics within the church.
“However, these views should not be expressed in the sanctuary or from the pulpit,” he explained. “Pastors are allowed to share their political opinions on their personal Facebook pages, but not on the church’s official website. It seems unnecessary.”Concerns about church involvement in politicsLegal and constitutional experts are cautious about potential issues that may arise from the IRS’s recent stance. Philip Hackney, a professor at the University of Pittsburgh School of Law specializing in tax and church relations, expressed concerns about the potential consequences of this directive. He warned that it could open the door for churches to push the boundaries of political involvement. “Effectively, it creates a tax shelter for political intervention by churches,” Hackney said. “This could lead to a deviation from their core beliefs towards political agendas.”Some religious communities, particularly those in communities of color, are wary of the implications. Rev. Mark Whitlock, a senior pastor at Reid Temple African Methodist Episcopal Church in Glenn Dale, Maryland, expressed reservations about the decision. “Many of us in the Black church are approaching this development cautiously and skeptically,” he stated. “We are questioning the timing and implications of this decision.”Whitlock emphasized his commitment to continue educating and engaging his congregation in civic matters, emphasizing that any political discourse within the church must be centered on faith and divine guidance, not partisan interests.Other voices in the religious community also raised concerns about potential consequences. Raymond Chang, president of the Asian American Christian Collaborative, warned that overturning the Johnson Amendment could lead to churches aligning themselves with specific political parties or candidates, potentially undermining their primary mission of spreading the Gospel. He highlighted the risk of church leaders feeling pressured to make political endorsements. Looking aheadA Pew Research Center survey from 2022 revealed that around 80% of U.S. adults believe that churches and other places of worship should refrain from endorsing specific political candidates during elections. While white evangelicals and Black Protestants showed some division on the issue, there was a general consensus against political endorsements by houses of worship among other religious groups.Some experts welcomed the IRS statement as a reasonable clarification of a seldom-enforced rule, dispelling unwarranted criticisms against the agency. Terry Lemons, a former IRS official, viewed the statement as a pragmatic approach within a limited scope of application. On the other hand, Roger Colinvaux, a law professor at the Catholic University of America, advised caution against reading too much into the IRS statement, emphasizing the importance of preventing religion from being exploited for partisan motives.Some individuals, like Pagitt at Common Good, suggested that not all pastors would take advantage of the newfound flexibility due to concerns about congregational divisions or discomfort with blending politics and religion. Chieko Noguchi, a spokesperson for the U.S. Conference of Catholic Bishops, affirmed that the statement from the IRS would not alter the Church’s approach to engaging in public discourse, prioritizing the formation of Catholics’ consciences in line with Gospel teachings.
Noguchi stated that such policies would promote the common good. The Catholic Church remains firm in its decision not to support or oppose political candidates. Bharath contributed from Los Angeles. Support for AP’s religion coverage is provided through collaboration with The Conversation US and funded by Lilly Endowment Inc. The AP is accountable for this content.
