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IRS Seeks Permanent Carve-Out for Pulpit Candidate Endorsements

A judge’s approval would enshrine a narrow exemption for pulpit endorsements under a Trump-era reinterpretation of the Johnson Amendment.

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
U.S. President Donald Trump reacts, as he hosts a lunch for African leaders of Gabon, Guinea-Bissau, Liberia, Mauritania, and Senegal in the State Dining Room at the White House in Washington, D.C., U.S., July 9, 2025. REUTERS/Kevin Lamarque

Overview

  • In a joint motion, the IRS, two Texas congregations and the National Religious Broadcasters asked a federal judge to block enforcement of the Johnson Amendment against the suing churches.
  • The agency argued that sermons endorsing candidates qualify as internal faith communications—akin to “a family discussion concerning candidates”—not political intervention.
  • Approval of the consent judgment would permanently shield only the plaintiff churches and broadcasters, leaving the Johnson Amendment intact for other nonprofits.
  • Conservative pastors and some progressive faith leaders have praised the change as vindicating free speech, while nonprofit experts warn it may fuel undisclosed political giving.
  • President Trump hailed the filing as a fulfillment of his pledge to lift campaign restrictions on churches, but full repeal of the amendment still requires congressional action.