Johnson Amendment defanged? Trump backs IRS on places of worship backing political leaders

US President Donald Trump on Wednesday, July 9, hailed and welcomed a recent move by the Internal Revenue Service (IRS) stating that houses of worship can endorse political candidates without risking their tax-exempt status. This Trump backing may soften the enforcement of the 1954 Johnson Amendment, a tax law designed to prevent nonprofit organizations from engaging in political campaigning and could raise a bigger question on American secularism.

“I love the fact that churches can endorse a political candidate,” Trump told reporters at the White House while hosting a lunch with leaders from five African nations.

Also Read: US no longer secular, church-state separation ends? IRS says pastors can back political candidates without risking their church’s tax-exempt status


“It was a very big penalty under what they called the Johnson Act... Now they’re allowed to speak up. I think it’s terrific.”

The IRS clarified its position in a court filing earlier, part of a settlement with two Texas churches and the National Religious Broadcasters (NRB), who had challenged the rule in federal court.

The agency said that religious speech made during services, including political endorsement, should not be subject to enforcement under the Johnson Amendment, which bars tax-exempt organizations from engaging in political campaigning.

What is the Johnson Amendment?

The Johnson Amendment, introduced in 1954, is a part of the US tax code that prevents tax-exempt organizations, including churches, from endorsing or opposing political candidates.

If violated, these groups risk losing their tax-exempt status. The rule has played a key role in maintaining the separation of church and state in the United States.

The move comes after nearly a year of legal battle. Plaintiffs in the case argued that the Johnson Amendment violates their First Amendment rights by muzzling religious expression in the form of political speech.

The IRS agreed, stating that communication by religious leaders to their congregations through regular religious services on matters of faith, even if it includes political endorsements, does not trigger a violation of the law.

How effective is the Amendment?

While the amendment remains on the books, the agency's position effectively softens its application.

Historically, enforcement against churches has been rare, but the new stance signals a deeper shift away from even symbolic deterrence.

He promised to “totally destroy” the amendment at a National Prayer Breakfast that same year. Republican lawmakers have since repeatedly introduced legislation to repeal it entirely.

Defending the recent shift, Trump added, “We have a lot of respect for people that lead the church, pastors, ministers, rabbis, all different religions, and people want to hear from them. These people were not allowed to speak up. Now they are.”

Free Speech vs secularism

The decision has reignited debate over the future of American secularism. Advocates for church-state separation argue that the IRS's move undermines the principle that public religious institutions should not influence electoral politics while receiving tax benefits.

Others say it restores free speech rights to religious communities long stifled by legal ambiguity.

While the Justice Department under President Biden previously defended the Johnson Amendment’s constitutionality, arguing that tax-exempt groups should not receive subsidies to engage in political activity, the recent filing marks a reversal in policy under Trump’s renewed leadership.