The Internal Revenue Service has announced that houses of worship can endorse political candidates without risking their tax-exempt status, breaking from decades of tradition. This change comes in light of a lawsuit arguing that the Johnson Amendment infringes on First Amendment rights. The IRS stated that churches can address electoral politics within faith-based discussions without violating the amendment. It compares this endorsement to a family discussion, emphasizing that these communications do not constitute intervention in political campaigns according to the newly interpreted rules.
Since 1954, a provision in the tax code called the Johnson Amendment says that churches and other non-profit organizations could lose their tax-exempt status if they participate in, or intervene in "any political campaign on behalf of (or in opposition to) any candidate for public office."
In a break with decades of tradition, the Internal Revenue Service says it will allow houses of worship to endorse candidates for political office without losing their tax-exempt status.
The IRS compared religious institution's endorsement of candidates to a "family discussion." Thus, 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 as properly interpreted.
During President Trump's first term, he promised to "get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution."
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