Religious Freedom Bill Shields Pastors from IRS Political Restrictions
A groundbreaking religious freedom bill aims to protect pastors and religious leaders who make political statements during their ministry. Sen. Josh Hawley will lead efforts to prevent the IRS from punishing pastors who make political statements. It is companion legislation to the Free Speech Fairness Act that Rep. Mark Harris, R-S.C., introduced in the House. The bill specifically is aimed at countering the 1954 Johnson Amendment restrictions, which limits churches and other non-profits from endorsing or opposing political candidates.
“The whole idea was in contrast to Americans’ inalienable rights to free speech and the free exercise of religion,” Harris told “The Daily Wire.” “It currently puts the IRS in a position of judge and jury on comments that are going to be made by ministers from the pulpit and all speech from non-profits.”
Harris, a Baptist minister, said that the Johnson Amendment had been used as a tool to silence religious leaders and churches. He said the legislation aims to restore free speech to religious leaders and nonprofits.
Sen. James Lankford, R-Okla., is cosponsoring the Senate bill with Hawley. IRS targeting concerns have motivated the legislation.
“The First Amendment protects Americans’ right to freedom of speech and religious freedom without the threat of interference from Congress,” he said. “Fundamental American values must extend to everyone, including pastors, social workers or nonprofit employees and volunteers. Everyone should have their constitutional rights to assembly, free speech, freedom of religion and free press protected.”
The bill would “allow charitable organizations to make statements about political campaigns if such statements are made in the ordinary course of carrying out its tax-exempt purpose” and if no meaningful expenses are incurred. For example, a pastor could comment on a political candidate during a sermon or the president of a crisis pregnancy center could point to a candidate’s record on abortion in a newsletter. The legislation would not allow churches or non-profits to become political action committees.
“We’re not looking for churches to become super PACS; that is certainly not the purpose of this,” Harris said. “But it is to really restore free speech to the pulpits of America without any threat of our tax code.”
The proposal is backed by more than a dozen conservative groups, including the Alliance Defending Freedom, Focus on the Family, the Family Research Council, Catholic Vote, the America First Policy Institute and others.
–Dwight Widaman
