The Freedom From Religion Foundation is raising serious concerns over a recent announcement from the Treasury Department and the IRS that they plan to issue new guidance on a law banning religious electioneering.

The Johnson Amendment is a longstanding federal law prohibiting tax-exempt nonprofits, including churches, from engaging in partisan political activity. In an April 20 letter to Treasury Secretary Scott Bessent, who continues to oversee the IRS despite his acting role having formally ended, the national state/church watchdog warns that any effort to weaken or reinterpret the Johnson Amendment to allow houses of worship to engage in political endorsements would be unconstitutional and deeply damaging both to democratic governance and the integrity of the nonprofit sector.

“The Johnson Amendment is a bright-line rule: If you want taxpayer subsidies, you don’t get to play partisan politics,” says FFRF Co-President Annie Laurie Gaylor. “Weakening that rule would invite corruption and erode public trust.”

Enacted in 1954, the Johnson Amendment ensures that organizations benefiting from tax-exempt status and tax-deductible donations cannot use those publicly subsidized resources to support or oppose political candidates. Bessent has indicated that forthcoming guidance will aim to provide “clear, administrable standards” to religious organizations, notably with no reference to other 501(c)(3) nonprofits, including how the law applies to communications made during religious services. The move follows mounting pressure from Christian nationalist groups seeking to carve out exceptions for churches.

FFRF is urging the Treasury Department to ensure that any guidance strictly adheres to federal law and does not create unlawful exemptions for religious organizations.

The announcement comes shortly after a federal court rejected a proposed settlement in National Religious Broadcasters v. IRS that would have effectively created a loophole allowing two suing churches to engage in political campaigning while retaining tax-exempt status.

FFRF emphasizes that rebranding partisan endorsements as “religious communications” does not change the law and that the executive branch lacks the authority to create such carve-outs.

“The executive branch cannot nullify or rewrite an act of Congress,” writes FFRF Legal Counsel Chris Line, adding, “only Congress has the authority to amend or repeal the Johnson Amendment.”

FFRF further cautions that exempting churches from the rules that govern other nonprofits would constitute unconstitutional favoritism, effectively favoring religion under the guise of religious freedom.

The Johnson Amendment does not restrict religious belief or issue advocacy. Clergy as individuals remain free to speak on political matters, so long as it’s not from a pulpit or otherwise utilizing tax-exempt resources. Tax-exempt entities are free to create 501(c)(4) affiliates that can engage in some endorsement, if they wish. Or such churches or organizations can simply forgo tax exemption in order to endorse or oppose candidates.

Weakening the amendment would open the door to tax-deductible political spending, allowing wealthy donors to funnel money into campaigns through churches with little transparency or oversight.

“The law Congress enacted has not changed.” FFRF’s letter concludes. “Tax-exempt status is a privilege, not a right, and it cannot be used as a vehicle for partisan political activity.”

FFRF will continue to monitor developments and take action as needed to defend the constitutional principle separating state and church.

The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to defending the constitutional principle of separation between state and church and educating the public on matters relating to nontheism. With about 42,000 members, FFRF is the largest association of freethinkers (atheists, agnostics and humanists) in North America. For more information, visit ffrf.org.

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