In 1954 Senator Lyndon B. Johnson created an amendment in the U.S. tax code that would become known as the Johnson Amendment. This amendment prevented all 501 (c) (3) organizations, including churches and other houses of worship, from participating in any political campaign if they wanted to maintain their tax-exempt status. In doing so, many churches and other houses of worship were prevented from speaking out against cultural issues at that time because of fear of losing their tax-exempt status. Notably, one church in New York and a religious broadcasting service lost their tax-exempt status because they refused to stay silent on issues they viewed as important. Even to this day, many churches remain silent on issues out of fear of losing their tax-exempt status; however, this was not always the case for churches. At one time in our history, pastors and clergymen boldly spoke out against important issues. During the Revolutionary War there was a regiment known as the Black Robe Regiment. These men were not a regiment of soldiers in the Continental Army but a regiment of clergymen who were extremely influential and necessary in garnering support for independence from England. In a time when many were loyal to the crown and questioning the need for independence, these men boldly preached in support of the Patriots’ cause and were essential in gaining and maintaining colonial support for the Revolutionary War. After the war and throughout the early days of our republic, it was even common for these pastors to preach election day sermons. Congregations would head to church to hear how God’s Word applied to the issues of the day before heading to the polls.
Since the passage of the Johnson Amendment, many have attempted to overturn it with little success. However, on July 7th a joint motion was filed to a federal court in Texas that essentially overturns the Johnson Amendment in its application to churches and houses of worship. This motion filed by the National Religious Broadcasters and the IRS declares that
“communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted.”
Both parties also agree that
“the Johnson Amendment does not reach speech by a house of worship to its congregation, in connection with religious services through matters of faith, concerning electoral politics viewed through the lens of religious faith.”
This consent judgement gives back the freedom to churches and houses of worship to speak up in support of or against important cultural issues.
Religious liberty and freedom of speech are essential fundamental rights to the United States, which is evident when considering the events leading up to the writing of the Constitution and the Bill of Rights. However, these rights are often violated and infringed upon, and it is the duty of American citizens to fight against such infringements. Professor Wagner states that “SLG has been working since its inception to restore religious liberty, and we have always taken the position that the Johnson Amendment posed an unconstitutional restriction on the free expression of faith. After years of working towards restoring this freedom, we are so excited to see this consent judgement from the U.S. District Courts. We are thankful for the excellent work on this case by our brothers in Christ, Dave and Steve Kallman, Michael Farris, and the rest of the legal team that diligently worked towards this landmark victory for religious liberty.”
Read the full court filing:
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