The IRS announced Monday that churches and other houses of worship may endorse political candidates during religious services without violating their 501(c)(3) tax-exempt status. The move was revealed in a court filing to resolve a lawsuit filed by two Texas churches and Christian broadcasters.
Historically, the Johnson Amendment prohibited tax-exempt nonprofits from endorsing political candidates. However, the IRS now says internal communications during worship do not amount to political intervention.
“Bona fide communications internal to a house of worship… do neither of those things, any more than does a family discussion concerning candidates,” the agency wrote.
The IRS also acknowledged its longstanding lack of enforcement in this area. A 2022 ProPublica investigation found at least 18 churches endorsed candidates without consequences.
While the plaintiffs had sought broader nonprofit freedoms, the ruling is narrowly applied to religious institutions. The IRS said banning endorsements during services would create “serious tension” with the First Amendment’s protection of religious expression.
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