The IRS filed a court statement advocating for clergy and houses of worship to endorse political candidates without risking tax-exempt status. This approach argues that current restrictions violate First Amendment rights related to freedom of religion and speech. The IRS views religious congregations as internal communities whose discussions on political matters during religious services do not equate to involvement in political campaigns. This marks a notable shift in IRS policy that some believe could allow more open political discourse within religious institutions, despite concerns over politicizing faith.
Banning tax-exempt nonprofits - including congregations - from participating in political campaigns violates the First Amendment's protection of the right to the free exercise of religion and freedom of speech, IRS Commissioner Billy Long said in a court filing.
Nonprofits should be allowed to make political endorsements and not lose their tax exemptions, the IRS said in the court filing.
When a house of worship in good faith speaks to its congregation, through its customary channels of communication on matters of faith in connection with religious services, concerning electoral politics viewed through the lens of religious faith, it neither 'participate[s]' nor 'intervene[s]' in a 'political campaign,' according to the filing.
First Amendment rights don't end when a pastor, church member or even a political candidate steps on the platform of a church, Kelly Shackelford, president of the influential Christian conservative legal organization First Liberty Institute, said in a statement.
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