Pulpits unleashed: Churches no longer bound by IRS gag rule on politics
The Internal Revenue Service's position came from a July 7 filing meant to end a lawsuit from the National Religious Broadcasters association last year, who argued that a provision in the U.S. tax code infringed on First Amendment rights to speech and religious expression.
That provision, known as the Johnson Amendment and covering what are called "501(c)(3)" nonprofits, banned tax-exempt organizations from political participation, like issuing endorsements or opposing candidates.
The IRS's joint filing with the religious groups instead says political discussions "from a house of worship to its congregation in connection with religious services" isn't interfering with political campaigns, but instead is similar to a "family discussion concerning candidates."
This decision empowers churches in Florida to endorse political candidates, although that is not entirely new in the state's faith landscape. Often, political candidates would speak at churches and would mobilize religious groups to get involved in campaigns related to important issues to their congregation.
In 2024, former Vice President Kamala Harris' campaign aimed to mobilize Black churchgoers to turn out to vote in "Souls to the Polls" initiatives in battleground states.
Before last year's election, Gov. Ron DeSantis also turned to faith groups to stir opposition against ballot initiatives that would have enshrined abortion rights and recreational marijuana in the state's constitution.
The governor turned to his faith and community initiative to mobilize religious groups, and his administration worked with Mat Staver to oppose the abortion amendment. Staver is chairman of Liberty Counsel, a nonprofit law firm and Christian ministry that advocates for religious freedom of expression.
Staver lauded the president in a statement following the joint ruling, saying President Donald Trump "pledged to eliminate the Johnson Amendment and allow our pastors and churches to speak freely and without fear of retribution."
"The Trump administration has now agreed to unshackle the pulpit from the chains of the Johnson Amendment," Staver said.
It's not unusual for churches to get involved in discussions about contentious policy issues, namely abortion. When DeSantis campaigned against the abortion amendment, he went to City Church Tallahassee, which says on its website that it maintains a "conservative theological position."
Thomas Wenski, the Roman Catholic Archbishop of Miami, said many churches, despite these rules about political endorsement, would endorse candidates and wouldn't have a problem.
The Archdiocese of Miami wouldn't do that, however, Wenski added. Although the church says its opinions on contentious topics in ballot amendments, Wenski said it wouldn't endorse political candidates because "a Catholic would feel homeless in either party at this point."
Earlier this year, Wenski spoke at a Catholic mass in Tallahassee attended by the governor and reminded those in attendance that even "the migrant is not a stranger," quoting Jesus, and he thanked DeSantis for speaking out against the proposed constitutional amendment on abortion.
He added: "The church doesn't endorse political leaders. That's a fool's errand to do that."
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: In Florida & elsewhere, churches can now endorse political candidates
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