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The move effectively calls for a carve out for religious
organizations from the rarely used IRS rule called the Johnson
Amendment, put in place in 1954 and named after then-Sen. Lyndon
Johnson.
In a joint court filing intended to end an ongoing case against
the IRS, the tax collection agency and the National Religious
Broadcasters Association — a Evangelical media consortium — and
other plaintiffs have asked a federal court in Texas to stop the
government from enforcing the Johnson Amendment against the
plaintiffs.
The Johnson Amendment is a 1954 amendment to the U.S. tax code
that prohibits tax-exempt organizations, including churches,
from endorsing or opposing political candidates.
The Christian media group and others filed suit against the IRS
last August, stating that the amendment violates their First
Amendment rights to the freedom of speech and free exercise of
religion, among other legal protections. On Monday, the IRS and
plaintiffs wrote that the Johnson Amendment should be
interpreted “so that it does not reach communications from a
house of worship to its congregation in connection with
religious services through its usual channels of communication
on matters of faith.”
The New York Times was first to report the news of the court
filing.
The IRS has generally not enforced the Johnson Amendment against
houses of worship for speech related to electoral politics.
President Donald Trump has said he wanted to get rid of the
Johnson Amendment and signed an executive order in 2017
directing Treasury to disregard the rule.
“I will get rid of and totally destroy the Johnson Amendment and
allow our representatives of faith to speak freely and without
fear of retribution,” Trump said at a National Prayer Breakfast
in 2017, which is a high-profile event bringing together faith
leaders, politicians and dignitaries.
Representatives from the IRS and the National Religious
Broadcasters Association did not respond to an Associated Press
request for comment.
Earlier this year, Republican lawmakers introduced legislation
to remove the Johnson Amendment.
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