The Freedom From Religion Foundation is warning that a fringe Christian nationalist effort, bolstered by Donald Trump’s IRS, is attempting to dismantle the Johnson Amendment. This federal law bars tax-exempt nonprofits, including churches, from endorsing or opposing political candidates.

Today, a federal court will consider a proposed settlement between the IRS and two churches represented by Christian nationalist activist Michael Farris, the former CEO and general counsel of Alliance Defending Freedom, another Christian nationalist outfit. The proposal represents a stunning decision to openly abandon enforcement of the Johnson Amendment for churches, which could effectively turn them into unregulated political action committees subsidized by taxpayers.
“This is a blatant end-run designed to turn churches into political machines fueled by dark,  tax-deductible money,” says FFRF Co-President Annie Laurie Gaylor. “The IRS has no authority to overturn a law passed by Congress, and the court shouldn’t let it try.”

The Johnson Amendment has overwhelmingly popular support: Nonprofits can speak on issues but cannot engage in partisan politicking while receiving special tax privileges. In 2022, Pew Research found that “about three-quarters of U.S. adults (77 percent) say that churches and other houses of worship should not endorse candidates for political offices. Two-thirds (67 percent) say that religious institutions should keep out of political matters rather than expressing their views on day-to-day social or political questions.”

FFRF sued Trump and the IRS in 2017 after Trump signed an executive order that falsely claimed to “get rid of the Johnson Amendment.” FFRF’s attorneys successfully persuaded the Trump administration to acknowledge in court that the president lacked the authority to revoke a congressional statute by executive fiat. The IRS’ current action similarly cannot invalidate a constitutional law passed by Congress. FFRF also successfully sued the IRS in 2012 to compel it to enforce its own regulations barring tax-exempt 501(c)(3) nonprofits from engaging in partisan political activity.

Thirteen members of Congress, led by Reps. Jared Huffman and Jamie Raskin, have demanded that the IRS withdraw the settlement, calling it “a transparent end-run around Congress.”

Their letter states:“This reinterpretation is not permissible under the statute as enacted and sustained by Congress; presents serious constitutional concerns as a potential violation of the Equal Protection Clause; fails to disclose any fiscal effects of reinterpreting the law; and sidelines the principled and compelling opposition expressed by thousands of nonprofits, houses of worship and faith-based organizations that would be harmed by adopting this proposal.”

Adds Gaylor, “The court must not rubber-stamp this scheme.

“Our elections and very democracy are at stake.”

The Freedom From Religion Foundation is a U.S.-based nonprofit dedicated to promoting the constitutional principle of separation between state and church and educating the public on matters of 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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