Two Texas churches and the National Religious Broadcasters (NRB) have filed a lawsuit seeking to overturn a federal law that bans tax-exempt, 501(c)(3) organizations, which includes houses of worship, from intervening in partisan politics by endorsing or opposing candidates.
The lawsuit, National Religious Broadcasters et al v. Werfel, which was filed in a federal court based in Texas on Aug. 28, argues that the provision in the law, often called the “Johnson Amendment” after then-U.S. Sen. Lyndon B. Johnson who sponsored it in 1954, has been enforced in an arbitrary manner and is unconstitutional.
Americans United counters that the law protects the integrity of U.S. elections by ensuring that tax-exempt organizations stay focused on their missions, which are usually charitable, spiritual or public policy work, not partisan politics. AU says that if the churches in Texas and the NRB, which has espoused Christian Nationalist views, want to engage in partisan politics, there are appropriate vehicles for that. Allowing tax-exempt entities to jump into partisan electioneering, and even funnel money to candidates, would create a huge loophole in our nation’s campaign finance laws, AU says.
Polls show that the American people reject pulpit politicking. A poll released in November of 2022 by the Pew Research Center found that 77% of respondents said they oppose partisan politicking in America’s houses of worship.
AU also pointed out that nothing in the Johnson Amendment prohibits houses of worship and nonprofit organizations from addressing political issues. Yet opponents of the law frequently assert that it does.
For example, in a statement supporting the lawsuit, Troy A. Miller, the NRB’s chief executive officer, misconstrued the parameters of the Johnson Amendment.
“We believe,” Miller asserted, “that all nonprofits should have the constitutional right to freely express their point of view on candidates, elections and issues on the ballot. Our challenge to the Johnson Amendment is about securing the future of free expression for all Americans, particularly those standing in the pulpit.”
But nonprofit groups, including houses of worship, already have the right to express their views on political issues. The Johnson Amendment applies only to races between candidates. Thousands of secular nonprofits follow this rule with no problems, Americans United has noted, and the organization says there’s no reason why churches can’t do the same.
The Internal Revenue Service (IRS) is charged with the task of enforcing the Johnson Amendment. And while the majority of American religious leaders abide by the Johnson Amendment, every election season, AU does see a few violations. These occur on both sides of the political aisle.
On its “Wall of Separation” blog, AU asserted, “The answer here is for the IRS to enforce the law, not to abandon it. If the lawsuit were to succeed, it would have profound and overwhelmingly negative effects on our political system. Neither church nor state would benefit.”