- Churches may soon regain the right to endorse candidates without losing their tax-exempt status.
- A proposed court order challenges the Johnson Amendment as a violation of free speech and religious freedom.
- The order states political messages shared during religious services are protected if rooted in faith.
A federal court may soon roll back restrictions that have silenced churches from speaking out on politics for decades. If a judge approves a proposed court order, the IRS will no longer punish churches for endorsing candidates from the pulpit—a move that could restore long-lost First Amendment rights.
The Johnson Amendment, passed in 1954 and named after then-Senator Lyndon B. Johnson, bars nonprofits from “directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate,” according to the IRS. Historians say Johnson pushed the measure to suppress opposition during his reelection bid.
Now, thanks to a legal challenge by the National Religious Broadcasters (NRB) and several churches, the tide may be turning. The plaintiffs argue the amendment violates constitutional rights—free speech, religious liberty, and equal protection under the law.
The proposed order clarifies that “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.”
The IRS has not responded to requests for comment, and both NRB and its legal team are waiting for a judge’s final approval before making public statements.
Critics, including the National Council of Nonprofits, argue the change could open the door for campaign finance abuse. But supporters, like Alliance Defending Freedom, call it a necessary correction. “Churches have the constitutional right to speak freely,” said ADF Senior Counsel Ryan Tucker.