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If it’s up to the IRS, churches are about to become arms of political campaigns. Churches, synagogues, and mosques, actually. The IRS wants to officially ignore the Johnson Amendment’s prohibition on church leaders endorsing political candidates in church. The IRS has joined with faith-based plaintiffs in a court filing asking that the Johnson Amendment not be enforced against the plaintiffs.

Furthermore, the IRS has asked the court to rule that the Johnson Amendment does not apply to “speech by a house of worship to its congregation, in connection with religious services through its customary channels of communication on matters of faith, concerning electoral politics viewed through the lens of religious faith.” Even if the judge in this case doesn’t go along with the IRS in his ruling, I’m pretty sure the IRS will try to accomplish its evisceration of the Johnson Amendment some other way.

The Johnson Amendment applies to every organization that has nonprofit status with the IRS. This includes about 350,000 houses of worship of various denominations and about 1.1 million other nonprofits. Nonprofits don’t pay taxes and people who donate to them get to deduct their contributions. (Seems like a good spot to include a link to SCA’s donor page. ([link removed]) We’re one of those 1.1 million.)

The Johnson Amendment has not been interpreted as requiring a total ban on politics. Houses of worship have been allowed to:
* Provide members with nonpartisan information regarding an election.
* Organize voter registration drives.
* Host candidates as speakers provided that each one is given an equal chance to speak.
* Hold discussions about the relationship between church doctrine and ballot issues.

Now the IRS wants to allow faith leaders to specifically endorse or oppose candidates. What could go wrong? Congregations already get together regularly to hear guidance from faith leaders they probably respect. Now they will hear variations on “God wants you to vote for this candidate.” and in some settings “That candidate is a demon.” (I’m not making that up, and it’s an accusation some people take seriously.)
Senator Lyndon Johnson passed the Johnson Amendment in 1954 to keep nonprofits including churches out of politics.


How valuable would such an endorsement be? I think we’ll find out because I think endorsements will be offered or solicited, legally or illegally. Currently it’s not illegal for a political campaign to donate to a nonprofit. How many churches, synagogues, or mosques could use a new roof? Candidates will be appearing in person to accept endorsements with a campaign speech, too. State and local candidates will be seeking endorsements, not just federal candidates. I can also see strife within congregations over who should be or has been endorsed by their faith leaders.

Another problem: it’s unclear whether the language proposed by the IRS about political speech reaching churchgoers over “customary channels of communication” includes people who watch religious services streamed online or on TV, rather than just those who attend services in person. You can be sure some churches will test that out and spread their political message as widely as possible.

America’s system of government functions best when religion is protected from political interference and when politics is protected from religious interference. The founders wrote a secular Constitution to establish a secular government. The Johnson Amendment supports that goal.

The Secular Coalition is prioritizing this one. We sent a letter ([link removed]) to the Secretary of the Treasury urging him to reverse this new legal position from the IRS. We worked with Congressmen Raskin and Huffman on a letter from the Congressional Freethought Caucus ([link removed]) to the IRS commissioner, and on an op-ed by Raskin and Huffman. The Johnson Amendment has not been repealed from the United States Code so we don’t need to pass a bill to restore it, but a Congressional resolution in support is an option being discussed, and other ideas. I’ll let you know when you can help.


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Scott MacConomy, Director of Policy ad Government Affairs at the Secular Coalition for America, wears a blue suit and stands with his arms crossed over his chest in front of the United States Capitol Building.

Your advocate,

Scott MacConomy
Director of Policy and Government Affairs
Secular Coalition for America
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