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IRS Asks Court to Exempt Pulpit Endorsements From Johnson Amendment

Approval of the motion by a federal judge would permanently block enforcement of the ban against the plaintiff churches.

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
Supporters for the Recall of Temecula School Board member Jeff Komrosky display signs along Rancho California Road in Temecula, CA on May 29, 2024. Komrosky was backed by a conservative PAC founded by a right-wing pastor.

Overview

  • A joint court filing submitted Monday seeks to exempt house-of-worship communications from the 1954 campaign-activity ban.
  • The IRS and the plaintiffs argue that sermons delivered through customary religious channels are like private family discussions and do not amount to political campaigning.
  • The motion is part of a lawsuit brought last August by Sand Springs Church, First Baptist Church Waskom and the National Religious Broadcasters challenging the Johnson Amendment as a First Amendment violation.
  • A judge has not yet ruled on the consent judgment; if approved, it would permanently bar enforcement of the ban against the plaintiff churches.
  • The policy shift aligns with President Trump’s long-standing call to roll back the rule, though a full repeal still requires an act of Congress.