IRS Greenlights Political Speech in Churches Without Tax Penalty

Churches can now speak freely on politics from the pulpit without risking their tax-exempt status, thanks to a court agreement with the IRS. This change clarifies years of legal uncertainty surrounding the Johnson Amendment.

Key Facts:

  • The IRS settled a case in Texas federal court with churches and religious broadcasters over political speech.
  • The case challenged the Johnson Amendment, which restricted nonprofits from endorsing political candidates.
  • The IRS now says churches may speak on political matters during services without violating tax rules.
  • The agency clarified it hasn’t enforced the Johnson Amendment against worship services in practice.
  • Churches involved claimed violations of their First and Fifth Amendment rights and religious freedom laws.

The Rest of The Story:

In a consent judgment filed Monday, the IRS confirmed that churches and other houses of worship are allowed to endorse political candidates to their congregations while keeping their tax-exempt status.

The ruling resolves a lawsuit filed by several churches and religious groups, including the National Religious Broadcasters and Intercessors for America.

At the center of the case is the Johnson Amendment, a 1954 law that bars tax-exempt organizations from engaging in political campaigning.

The plaintiffs argued this law violated their constitutional rights to free speech, religion, and equal protection.

They also claimed it conflicted with the Religious Freedom Restoration Act.

In its written agreement, the IRS stated, “When a house of worship in good faith speaks to its congregation… concerning electoral politics viewed through the lens of religious faith, it neither ‘participate\[s]’ nor ‘intervene[s]’ in a ‘political campaign.’”

The agency likened these internal discussions to a family talking about elections, saying they are protected.

Further, the IRS said it had not enforced the Johnson Amendment against churches for this kind of speech.

“For many houses of worship, the exercise of their religious beliefs includes teaching… guidance concerning the impact of faith on the choices inherent in electoral politics,” the agency noted.

Commentary:

This development is a long-overdue course correction.

For decades, left-leaning politicians have courted votes from the pulpit with impunity.

Prominent Democratic candidates have spoken from church stages, often just days before major elections.

Meanwhile, pastors aligned with more traditional values have faced threats for even hinting at political alignment.

By formally recognizing that houses of worship can speak to political issues without punishment, the IRS levels the playing field.

Churches no longer need to tiptoe around the truth or water down sermons for fear of government reprisal.

They can now fully express how faith informs the moral and civic duties of their members.

This shift could breathe new life into the kind of bold religious leadership seen during the founding of America, when pastors known as the “black robe regiment” were central to shaping public opinion and policy.

The pulpit was once a force for liberty and truth — not a gagged institution under federal watch. Critics of this ruling may raise concerns about church and state separation.

But this isn’t about government endorsing religion — it’s about protecting the free expression of faith, even when it touches politics. That’s a constitutional guarantee.

In a nation where government policy deeply affects family, education, and morality, it’s only natural for pastors to speak into these issues.

Limiting them under the threat of losing tax status was always a heavy-handed tactic — one that disproportionately chilled speech on one side of the aisle.

The IRS, perhaps reluctantly, now admits what many have argued for years: that political speech, when tied to faith and shared within a congregation, is not the same as running a campaign. It’s an exercise of religious conviction.

This judgment restores balance and respects both the letter and spirit of the Constitution.

It will allow churches of all backgrounds to speak boldly without fear.

The Bottom Line:

The IRS has officially affirmed that churches may speak to political issues during services without risking their nonprofit status.

This ruling corrects years of uneven enforcement and clears the way for houses of worship to freely address civic matters from a faith perspective.

It’s a win for religious liberty and political fairness alike.

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