Churches Fight for the Right to Speak in Politics

The Johnson Amendment, added to tax law in 1954, stops churches and charities from openly supporting or opposing political candidates. In September 2024 a coalition of religious groups, including the National Religious Broadcasters and two Texas churches, filed a lawsuit against the IRS claiming the rule violates freedom of speech. They argued that being silent about politics is not a right protected by the First Amendment. In 2025 the IRS and the plaintiffs reached a settlement that would let churches endorse candidates in limited situations. The agency said such endorsements would be treated as “family discussions” rather than political interference. But in March 2026 a judge threw the whole deal out, ruling that federal courts cannot alter tax status or create new exemptions. The case was revived in July when the plaintiffs appealed, bringing the dispute back into focus as the 2026 midterm elections approach. The debate now centers on whether churches can participate in campaigns without risking IRS penalties, and how that will affect voter turnout and civic engagement.

Historically the Johnson Amendment has rarely been enforced. Only a few churches have lost tax‑exempt status for political ads, and most complaints come from watchdog groups that target conservative churches. Critics say the rule is applied unevenly, while supporters fear that allowing political endorsements could turn churches into campaign money machines. Religious leaders across the spectrum weigh in. Some say faith must guide political action, citing the Black church’s role in social justice. Others warn that removing the rule could blur the line between religious worship and political lobbying, potentially inviting abuse of tax benefits. As midterms loom, denominations are preparing voter‑registration drives and nonpartisan engagement tools. The United Church of Christ offers a “nonpartisan faithful engagement” guide, while the United Methodist Church encourages individual churches to host registration events. These efforts reflect a broader question: will the Johnson Amendment stay, or will churches gain more freedom to influence politics?

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