- Oct 17, 2011
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I.R.S. Says Churches Can Endorse Candidates From the Pulpit
In a court filing, the tax agency said a decades-old ban on campaigning by tax-exempt groups should not apply to houses of worship speaking to their own members.The I.R.S. said on Monday that churches and other houses of worship can endorse political candidates to their congregations, carving out an exemption in a decades-old ban on political activity by tax-exempt nonprofits.
The agency made that statement in a court filing intended to settle a lawsuit filed by two Texas churches and an association of Christian broadcasters.
The agency said that if a house of worship endorsed a candidate to its congregants, the I.R.S. would view that not as campaigning but as a private matter, like “a family discussion concerning candidates.”
“Thus, communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted,” the agency said, in a motion filed jointly with the plaintiffs.
The ban on campaigning by nonprofits is named after former President Lyndon B. Johnson, who introduced it as a senator in 1954. President Trump has repeatedly called for its repeal.
Per Wiki: The amendment was to a bill in the 83rd Congress, H.R. 8300, which was enacted into law as the Internal Revenue Code of 1954.
I gather this means churches can't run ads in the NYTimes with endorsements, but who knows, when decades old laws can be set aside.