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IRS Grants Churches Limited Right to Endorse Candidates

The IRS’s ruling hinges on a court order that would extend the new endorsement right only to the two Texas churches in the suit.

Overview

  • In a July 7 joint motion, the IRS said houses of worship may endorse political candidates without risking their 501(c)(3) status under a narrow exception to the Johnson Amendment.
  • Court approval is required to finalize the change and it would apply solely to First Baptist Church Waskom and Sand Springs Church unless Congress fully repeals the 1954 ban.
  • The policy shift stems from a September 2024 lawsuit by National Religious Broadcasters, two Texas churches and Intercessors for America challenging the amendment’s constitutionality.
  • Critics including civil liberties and secular nonprofit groups warn the carve-out favors religious organizations over secular ones and raises First Amendment and equity concerns.
  • Key terms such as “church,” “religious services” and “customary channels of communication” remain undefined, leaving broader implementation and enforcement uncertain.