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IRS and Churches Seek Court Approval for Pulpit Endorsement Exemption

A joint motion asks a federal judge to treat pulpit political endorsements as private religious activity exempt from the 1954 tax ban.

FILE - A sign outside the Internal Revenue Service building is photographed May 4, 2021, in Washington. (AP Photo/Patrick Semansky, File)
A sign is seen at the U.S. Internal Revenue Service (IRS) building after it was reported the IRS will lay off about 6,700 employees, a restructuring that could strain the tax-collecting agency's resources during the critical tax-filing season, in Washington, D.C., February 20, 2025. REUTERS/Kent Nishimura/File Photo
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Overview

  • The IRS joined two Texas churches and the National Religious Broadcasters Association in filing for a consent judgment to carve out pulpit endorsements from the Johnson Amendment.
  • The agency’s filing argues that sermons endorsing candidates resemble private “family discussions” and therefore do not constitute prohibited campaign intervention.
  • This request formalizes the IRS’s longstanding practice of largely overlooking electoral speech by houses of worship under the current tax code.
  • Critics warn that exempting church endorsements could weaken campaign finance safeguards by enabling undisclosed, tax-advantaged political activity.
  • The consent judgment must be approved by a federal judge before churches can be permanently shielded from penalties for endorsing candidates.