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

One of the most unique interpretations of the modern idea of American secularism, which protects the right of individuals to practice their religion freely or not to practice any faith at all, without government interference, is being questioned. In a court filing, the Internal Revenue Service (IRS) said it would no longer punish pastors who endorse political candidates during church services. First reported by the New York Times, this case revolves around the Johnson Amendment, which restricts political activity by religious institutions that enjoy tax-exempt status.

The IRS made this statement as part of a joint legal agreement with the National Religious Broadcasters Association (NRB), an association of Christian communicators and other plaintiffs. They asked a federal court in Texas to block the government from applying the rule (Johnson Amendment) to religious speech made during services.

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While the Johnson Amendment has rarely been used, it has long symbolized the legal wall between church and state.

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.

A quiet backtrack on Church-State separation?

While the Johnson Amendment remains on the books, its enforcement has always been rare, especially against religious institutions. The IRS has generally avoided penalizing churches for political speech.

With this filing, the agency has taken a more precise position: speech made by religious leaders to their congregations during services, through regular channels, should not fall under the amendment’s restrictions.

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Where it all started

The Christian group and others filed a lawsuit against the IRS back in August 2024, alleging that the amendment violates their First Amendment rights to the freedom of speech and free exercise of religion.

In their filing, the IRS and plaintiffs wrote that the Johnson Amendment should be interpreted “so that it does not reach communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith.”

What does the case mean for American secularism?

The IRS and the plaintiffs' statement mean that if a religious leader speaks to their congregation during a religious service, even if they mention or endorse a political candidate, that should not be considered a violation of the law.

They say this kind of speech is part of their religious expression and should be protected under the First Amendment, which guarantees freedom of religion and speech.

In other words, they want the court to agree that religious speech made within a house of worship, during a religious service, through normal church communication (like sermons or announcements), should not trigger punishment under the Johnson Amendment, even if that speech involves politics.

This interpretation would protect churches and pastors from losing their tax-exempt status just because they discuss politics or endorse a candidate during a service.

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Trump’s stance on the case

This position mirrors past efforts by Republican lawmakers to repeal the amendment entirely. President Donald Trump also opposed the rule.

In his previous term in 2017, President Donald Trump at a National Prayer Breakfast opposed it, pledging to “totally destroy” the Johnson Amendment. He later signed an executive order directing the Treasury to overlook it.

Earlier this year, Republican lawmakers again introduced legislation to scrap the amendment.

However, neither the IRS nor the NRB has publicly commented on the latest filing.