The Johnson Amendment is a federal law that protects the integrity of tax-exempt organizations, including houses of worship, as well as the integrity of our elections and the tax code.
This law prohibits tax-exempt organizations—whether a secular group or a house of worship—from supporting or opposing political candidates and political parties. It furthers the original intent behind providing tax-exempt status to nonprofit organizations, which was to ease the financial burden on organizations that operate for religious, educational, and charitable purposes. It was not intended to enable these organizations to more easily engage in partisan politics.
Congress inserted the law into the U.S. tax code in 1954 without controversy or opposition. The language was offered by then-Senator Lyndon B. Johnson, which why may now refer to the law as the Johnson Amendment, and signed into law by President Dwight Eisenhower.
Houses of Worship Can currently Speak out on political and social issues:
Houses of worship can engage in lobbying on issues and legislation, host candidate forums, engage in voter registration drives, distribute answers to candidate questionnaires, encourage people to vote, help people get to the polls, and endorse or oppose non-partisan referendum on issues of concern. They just can’t endorse or oppose candidates. Civic engagement activities are important for community building, whereas partisan political activity fosters deep divisions among members of the community.
Current lAw protects Religious Liberty:
Current law protects the integrity of houses of worship, elections, and the tax code. Changing the law would transform houses of worship into political action committees, fundamentally changing their character and diminishing the distinctive role of the church. Tying America’s houses of worship to partisan elections would divide congregants, and set houses of worship against each other along political lines. Moreover, by remaining outside of the political process, religious groups are autonomous and not beholden to any particular candidate or party.
MOST Americans don't want clergy to endorse candidates from the pulpit:
According to a study by Pew Research survey and a poll conducted by Life Way Research, the vast majority of Americans believe houses of worship should stay out of partisan campaigns. According to the Life Way Research poll 79 percent of Americans think it is wrong for a pastor to endorse a candidate during a church service, while 75 percent said houses of worship shouldn’t support candidates at any time.
about the Johnson Amendment:
Current LAW Does Not Violate the First Amendment:
Contrary to opponents’ talking points, the Johnson Amendment does not violate the First Amendment for several reasons. First, the law doesn’t restrict free speech, it instead serves to prevent the government from subsidizing political endorsements through tax-exemptions. Nor does the Johnson Amendment violate the Free Exercise Clause or the Establishment Clause. To the contrary, giving houses of worship and exemption to the endorsement restrictions but applying it to secular groups would give an unconstitutional preference to religion.
Current law Does Not Unfairly Target Religious Groups:
The Johnson Amendment applies uniformly to all nonprofit 501(c)(3) organizations, whether religious or secular: None can endorse or oppose candidates or political parties. If these groups want to influence a political campaign, they may do so, but they may not continue to operate as tax-exempt organizations.
People of Faith Are Not Prohibited from Endorsing and Opposing Candidates:
Religious leaders may endorse or oppose a party or candidate when acting in their individual capacity. For example, Pastor Robert Jeffries endorsed Donald Trump for president. Because he did so in his personal capacity, rather than as pastor of his church, the church has not violated the law. Furthermore, houses of worship may choose to allow their pastor to issue endorsements from the pulpit – they simply will lose the organization’s tax-exempt status.