Latest news with #Johnsonamendment
Miami Herald
20-07-2025
- Politics
- Miami Herald
IRS says churches can now endorse political candidates. Miami faith leaders weigh in
The Internal Revenue Services is reversing a long-standing policy and will now allow religious institutions to endorse political candidates without jeopardizing their tax-exempt status — a move that has divided faith leaders and advocacy groups. Earlier this month, the IRS sided with the National Religious Broadcasters, an evangelical media group, and two Texas churches in a court filing intended to settle a lawsuit that challenged a ban on most nonprofits from endorsing political candidates in elections. While most Americans, according to multiple public opinion polls, want to keep politics out of the pulpit, many conservative Christian groups, including the ones named in the lawsuit, have been pushing for more freedom for faith leaders to voice opinions — a view repeatedly advocated by President Donald Trump throughout his time in office. Many advocates and faith leaders in South Florida who spoke with the Miami Herald remain strongly opposed to the decision, fearing raising such issues threaten to create rifts within individual congregations. But while conservative Christian groups have been most outspoken in support of the move, it also could work both ways, allowing more freedom for progressive churches and leaders to advocate for issues that straddle the line of religion and politics. The lawsuit argues that the Johnson Amendment, a 1954 measure named after its author, former President Lyndon B. Johnson, restricts churches from exercising freedom of speech and freedom of religion. It also contends that the amendment is not enforced fairly — allowing some nonprofits, such as newspapers, to endorse candidates while others are banned. During President Donald Trump's first term in 2017, he vowed to 'get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution.' While, the IRS didn't go that far, it did suggest that when a house of worship 'in good faith' speaks to its congregation through 'customary channels of communication on matters of faith in connection with religious services concerning electoral politics,' it did not constitute participation or intervention in politics, as the Johnson Amendment prohibits. In a proposed consent judgment between the tax agency and religious groups, the IRS said those types of communications are akin to 'a family discussion,' and 'do not run afoul of the Johnson Amendment as properly interpreted,' according to the proposed settlement filed in U.S. District Court in Texas. The IRS, in its court filing, also admitted that the Johnson amendment has not been consistently enforced since it was enacted, despite the fact that churches throughout the country violate it on a regular basis, according to a 2022 investigation from the Texas Tribune and ProPublica. The proposed settlement could have broad implications for political rhetoric in places of worship. WhiIe it applies specifically to plaintiffs in the lawsuit, advocacy groups and faith leaders who spoke with the Miami Herald are concerned it sets a precedent that will embolden other houses of worship to engage in partisan endorsements. 'It's a slippery slope and I feel like this is crossing the line. This is definitely crossing the line,'said Rabbi Gayle Pomerantz, senior rabbi at Temple Beth Sholom, a Reform synagogue in Miami Beach. 'Endorsing a candidate outright from the pulpit can lead to divisiveness and alienation within our congregations,' said Rev. Keny Felix, the senior pastor of Bethel Evangelical Baptist Church in Miami Gardens. 'Weaponizes religious freedom' Interfaith Alliance, a nonprofit that advocates for religious freedom and against Christian Nationalism, said the lawsuit 'weaponizes religious freedom.' 'They talk about free speech and religious freedom, when in reality what keeps our houses of worship free for religious communities is the separation of church and state,' said Guthrie Graves-Fitzsimmons, vice president of programs and strategy at Interfaith Alliance. 'Imagine if every church in Florida was just an outpost of the GOP or the DNC, that would be a complete denial of religious freedom. It would destroy institutions that are sacred to so many Floridians.' Graves-Fitzsimmons, who is also an ordained Baptist deacon, pointed out that current law already allows houses of worship to engage with politics in many ways. For example, faith leaders can invite candidates to speak with their congregations as long as they provide equal opportunity to all parties. Many houses of worship host events encouraging members to vote — Souls to the Polls is an important event in many Black churches, for example — and some churches are polling places themselves. Nonprofits and churches are even allowed, under current law, to donate to campaigns on certain issues or ballot questions that align with their mission, as long as it is not a partisan race. The Catholic Church donated hundreds of thousands of dollars to anti-abortion efforts to defeat a recent ballot question in Florida, for example. Local faith leaders weigh in 'I am absolutely taken back by that ruling,' said Rev. Laurie Hafner, lead pastor at Coral Gables Congregational United Church of Christ. Hafner's church has been on the front lines of advocating for issues some might see as political. In 2023, the church partnered with local bookstore, Books & Books, to organize a protest march against Florida's recent efforts to ban certain books in public schools. In recent years, she made national news for suing the state of Florida over its abortion ban on the grounds of religious rights. Hafner said after a close call with the IRS at her past church in Cleveland, she's been careful about how she speaks about political candidates from the pulpit. Still, she said, most of her congregants know where she stands politically, due to her strong stances on issues. 'I have never from the pulpit endorsed a particular candidate, although I think I make it very clear what side I'm on,' Hafner told the Miami Herald. 'And that's the side of the oppressed, the hungry, the homeless, the folks who are in prison, the immigrant … and certain candidates are a reflection of those values.' 'I don't know if this is going to change my position about endorsing the candidate from the pulpit, but it does give me a little more freedom, I think, to express myself if need be,' she said. Others expressed their disapproval over the IRS statements. 'I am strongly opposed to abolishing the Johnson Amendment,' said Rabbi Pomerantz, who was also the first female president of the Rabbinic Association of Greater Miami. 'I think it's helped to preserve the separation of church and state, and we at Temple Beth Sholom have always been very careful about promoting our Jewish values in non-partisan ways,' she said, referring to the Johnson Amendment. Pomerantz said her synagogue does not endorse candidates or advocate for issues in the name of Democrats or Republicans. She said, however, Temple Beth Sholom may take a position on an issue — like reproductive rights for example — informed by Jewish tradition and Jewish texts. 'We'll always have members of the congregation who don't agree with the position the synagogue has taken. But we feel it is our right and our duty to take positions on meaningful issues, in a non partisan way.' Concerns about endorsement Miami Gardens pastor Felix said he agrees with encouraging members to participate in the political system but draws the line at candidate endorsements. 'We have to be careful to not conflate God's kingdom with any one political party or candidate. If we do, our efforts will eventually prove to be misguided,' said Felix in an email to the Herald. Felix said he believes that pastors are responsible for 'providing moral leadership and clarity' on issues impacting the community — which may sometimes include advocating for justice and speaking 'on behalf of the marginalized and the underrepresented.' 'What unifies a diverse congregation is our common faith, not our political affiliation,' said Felix. Rabbi Jonah Dov Pesner, Director of the Religious Action Center of Reform Judaism, said one of his main issues with the IRS ruling is that it potentially can 'corrupt' institutions that have always remained non-partisan. 'Part of what makes them spiritually pure is that they stay non-partisan,' Pesner said. 'They're about values, morals, deeply held beliefs … but when money starts flowing into religious institutions to win partisan battles and elect individual candidates, it corrupts those institutions.' Pesner's concern about the potential for the decision to interfere with campaign finance was also echoed by Americans United for Separation of Church and State. 'Weakening this law would undermine houses of worship and nonprofits by transforming them into political action committees, flooding our elections with even more dark money,' the group wrote in a statement. Faith leaders 'can move the needle' One advocacy group, Americans United for Separation of Church and State, took steps last week to reverse the decision in the lawsuit by filing a motion to intervene. The nonprofit, which advocates for the separation of church and state and religious freedom, said the decision 'would grant favor and privilege to religious organizations and treat them differently than secular nonprofits.' 'The Trump administration's radical reinterpretation of the Johnson Amendment is a flagrant, self-serving attack on church-state separation that threatens our democracy by favoring houses of worship over other nonprofits and inserting them into partisan politics,' said AU President and CEO Rachel Laser in a statement. Laser went on to say that the Johnson Amendment 'protects the integrity' of elections and nonprofit organizations, including houses of worship. Many who spoke with the Herald pointed to recent polling that shows that most Americans want to leave politics out of the pulpit. According to a 2022 poll from Pew Research Center, 77 percent of U.S. adults said churches and other congregations should not make political endorsements. Majorities in both the Democratic and Republican parities and every religious group that was polled also said churches should avoid political endorsements. On the other hand, the National Faith Advisory Board, a faith coalition founded and led by Paula White Cain, senior advisor to President Trump in the newly established White House Faith Office, celebrated the move by the IRS, calling it a 'tax clarification' that was 'born out of faith leaders advocating for their God-given rights.' 'It is a crucial reminder that faith leaders can move the needle when it comes to influencing the law of the land. Our collective voice matters,' the organization wrote in a weekly newsletter. The newsletter also went on to advise its readers to avoid 'paid ads, public rallies hosted by your church and using church resources to endorse a candidate to the public.' The faith advisory board was founded during Trump's first presidency by White and says it communicates with over 70,000 faith leaders across the country. This story was produced with financial support from Trish and Dan Bell and from donors comprising the South Florida Jewish and Muslim Communities, including Khalid and Diana Mirza, in partnership with Journalism Funding Partners. The Miami Herald maintains full editorial control of this work.
15-07-2025
- Business
Churches, now allowed to endorse candidates, could transform campaign finances
President Donald Trump is praising an Internal Revenue Service's court filing, which effectively clears the way for churches to endorse political candidates -- a reversal of decades of legal precedent. Yet half a dozen religious leaders told ABC News they didn't foresee a large increase in political endorsements from their peers, despite last week's IRS court filing. The filing said it would not revoke nonprofit status from two Texas churches, Sand Springs Church and First Baptist Church Waskom, for doing so. The filing formalizes for the first time a lack of enforcement of the 1954 Johnson Amendment, which prohibits nonprofits from endorsing or opposing political candidates if they want to remain tax exempt. Both political parties have tested the line in trying to harness the power of the pulpit, with many Republicans wooing evangelical leaders while Democrats often try to curry favor with Black churches. "God is once again welcomed back into our public square," Trump said of the filing during a White House Faith Office summit on Monday. The president has opposed the Johnson Amendment since his first term. He said he asked religious leaders for their endorsements while running in 2015, but came up against the barrier of the Johnson amendment. "I said, 'you have more power than anybody, but you're not allowed to use your power.' I said, 'we're going to get rid of that because people want to hear what you have to say more than anybody else,'" Trump said Monday. "You were even afraid to talk about it. But they're not afraid any longer, and I think they appreciate it." Tax experts predict the filing could transform how money flows around elections, making houses of worship a way to avoid both taxes and transparency for campaign finances. Ellen Aprill, a professor emerita of tax law at Loyola Marymount University Law School, said the filing could open the door to political campaigns channeling money through churches to take advantage of their tax-exempt status and lower application and reporting requirements. Unlike other 501c3 organizations, churches are not required to file 990 forms disclosing financial information, leadership and activities. They also qualify automatically for tax exemption -- while other nonprofits have to apply. "One of my concerns, and others of us in this area, is this will encourage the creation of fraudulent churches who want to be able to get tax deductible money to engage in opposing or supporting candidates … so they don't have to disclose any other campaign intervention activities," Aprill said. Many evangelical Christians viewed the filing as a win for free-speech rights. Robert Jeffress, senior pastor of the 14,000-member First Baptist Church in Dallas, praised the filing and said he "personally thanked President Trump" for the outcome. "This would have never happened without the strong leadership of our great President Donald Trump!" Jeffress wrote in an X post. "Government has NO BUSINESS regulating what is said in pulpits!" Jeffress was on Trump's Evangelical Executive Advisory Board during his first campaign and had expressed support for the president in the leadup to the 2024 election, which he said led the IRS to investigate his church. Jeffress' church is distinct from First Baptist Church Waskom, the plaintiff in the case against the IRS. Cary Gordon, senior pastor and president at Cornerstone Church in Sioux City, Iowa, said he thought "anyone with half a brain" could see that "the Johnson Amendment was unconstitutional." A longtime opponent of the amendment, Gordon has said since 2010 that he hopes the IRS would sue him for his political speech so that he could fight the agency in court. That year, Gordon led an effort organizing religious leaders across Iowa to oppose retention for three Iowa Supreme Court Justices who supported same-sex marriage. The IRS has not sued Gordon. Gordon said although he thinks "hardly any pastors in the country will ever" endorse a candidate, the filing could allow religious leaders to address politics more directly. "The issue is not, 'oh no, they're going to endorse someone.' It's really about free speech and being able to communicate on any issue someone might perceive as political in a sermon, which must be done because all of our problems are moral, all of our problems are theological," he said. Brad Sherman, a former Iowa state representative who founded Solid Rock Christian Church in Coralville, Iowa, and is now running for governor, said he thought the filing was "long overdue," but he didn't anticipate a surge in endorsements. "There are other reasons why pastors and Christian leaders do not endorse candidates," Sherman said, adding that some leaders may be wary of pushback from their congregations. Regarding whether the filing would lead him to consider seeking endorsements from religious leaders during his own campaign, he said, "I haven't really thought much about it yet, but yes, it may influence that to some degree." Reactions from leaders of Black churches were more mixed. Rev. Thomas Bowen, who served in the Biden White House as a faith liaison and preaches in Black churches both in Ohio and D.C., said he was concerned the filing could risk turning churches into "campaign surrogates." "For me, the new ruling opens the doors to money that's just not transparent, money that can be used for political influence," Bowen said. "The fear that our sacred spaces will be at risk of becoming these stages for unchecked influence causes me to tell folk to tread carefully … Moral authority is sacred and it must never be sold for access." Unlike Bowen, Pastor Jamal Bryant said he approved of the filing. Bryant heads a congregation with more than 10,000 members at New Birth Missionary Baptist Church in Stonecrest, Georgia, which hosted Democratic nominee Kamala Harris when she visited the state during the 2024 presidential elections. Bryant said he would "absolutely" consider explicitly endorsing political candidates from the pulpit, including in the upcoming 2026 midterm elections. "There's a whole lot on the line," he said. "All of America is going to be leaning in with intentionality for the midterm election on who best will speak for the masses."
