For seven decades, the Johnson Amendment has hung over churches and pastors as a cloud of government intimidation.
Under this provision of the federal tax code, churches and nonprofit organizations risk losing their tax-exempt status if the IRS determines they improperly engaged in political speech. In practice, it has created a chilling effect on pastors, ministries, and faith-based organizations seeking to speak clearly on the moral and constitutional issues facing our nation.
That is why the ACLJ has sent letters to Senator James Lankford (R-OK) and Representative Mark Harris (NC-8) expressing support for the policies contained in the Free Speech Fairness Act, which is companion legislation they introduced in the Senate and House. If passed into law, this bill would protect churches and ministries from IRS punishment for expressing political viewpoints consistent with their religious mission.
The ACLJ has long maintained that the Johnson Amendment is unconstitutional. The First Amendment does not permit the federal government to condition tax-exempt status on surrendering core religious speech rights. The legislation introduced by Representative Harris and Senator Lankford would ensure that churches, pastors, and faith-based nonprofits are not threatened with the loss of tax-exempt status merely for addressing political or electoral issues during customary religious communications and activities.
Take action with ACLJ. Sign our petition: Stop the Government’s Gag Order on Pastors.
That protection is badly needed. For years, too many pastors have been left wondering whether speaking biblically about the issues of the day could trigger IRS scrutiny. The result has often been self-censorship driven by fear of federal retaliation.
The IRS should never be allowed to function as speech police for churches. That is why the ACLJ has fought this battle for decades in courtrooms and through public advocacy.
In 2025, the Trump Administration’s IRS entered into a proposed consent agreement recognizing this important constitutional reality: Churches and pastors should not lose their tax-exempt status for speaking on political matters in the ordinary context of religious services and church communications. That represented a major acknowledgment that the First Amendment protects religious speech from government interference, including interference through the tax code.
However, a federal district court recently rejected that proposed agreement. The court did not rule that the Johnson Amendment is constitutional. Instead, it dismissed the case on procedural and jurisdictional grounds without resolving the underlying First Amendment questions. While the Trump Administration has consistently made it clear that it does not intend to actively enforce the provision against churches, administrative discretion alone is not enough. And we cannot rely on the courts to resolve this any time soon.
Rights that are this important should never depend on who occupies the White House or who runs the IRS. The First Amendment is not suspended every four years depending on election results. Congress has both the authority and the responsibility to permanently protect churches from viewpoint discrimination by the federal government. Congress should provide permanent protection for churches and faith-based organizations so no future Administration can weaponize the tax code against religious viewpoints.
America’s Founders understood that religious liberty and free speech are inseparable. The freedom to worship does not end at the church door. It includes the right to speak truthfully and boldly in the public square without fear of government punishment.
A government powerful enough to silence churches is a government operating far outside the constitutional boundaries established by the First Amendment. That is why the ACLJ continues to defend people of faith in court and why we will support efforts to restore full constitutional protections for pastors, churches, and ministries across America.
Take action with ACLJ and sign our petition: Stop the Government’s Gag Order on Pastors.
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