A pastor in America can freely talk about heaven and hell, but if he applies Scripture to a political campaign, the IRS will investigate. This barrier was created by the Johnson Amendment. It is and not neutral tax rules. This is an unconstitutional government limitation on the freedom of religion, which continues to silence those pastors who dare apply the Bible in public life.
The Johnson Amendment was first added to the Internal Revenue Code (IRC) in 1954. Its goal is to silence two nonprofit secular groups who supported Lyndon Johnson, then a Democratic senator. Alliance Defending Freedom explains that Johnson wanted to “chill out the speech of his political adversaries.” This chilling effect is still present today. It prevents religious groups from participating publicly in the political process.
The Johnson Amendment prohibits organizations that are tax-exempt from “participating in or intervening in any political campaign (including publishing or distributing statements), on behalf (or against) any candidate running for public office.”
First Amendment states: “Congress may not make any law respecting a religion or prohibiting its free exercise; or abridging freedom of speech or press; or the rights of the people to peacefully assemble and petition the Government to resolve grievances.” The Johnson Amendment, however, is a law which prohibits the exercise of religion in defiance of the Constitution.
The 2026 report of the Taskforce to Eradicate Anti-Christian Bias, under the Trump Administration, revealed that “a systematic and consistent pattern of discrimination was perpetrated against Christians by the Biden Administration”, and described how the IRS targeted Christian Churches.
The First Baptist Church of Dallas in Texas will hold its annual patriotic services during summer 2020. Vice President Mike Pence, along with other prominent Republicans, attended. This drew the ire of radical anti-Christian Mikey Weinstein, and his Freedom from Religion Foundation. They filed an IRS complaint. The IRS did not begin an investigation of First Baptist Church’s exempt status until May 2021, 11 months after the election of Joe Biden.
After a year-long investigation, the IRS finally declared that First Baptist did not violate tax laws. The church spent hundreds of thousands in legal fees defending itself.
In 2023 the IRS fined Cornerstone Chapel, Leesburg, Virginia, because it claimed that Pastor Gary Hamrick had endorsed Donald Trump during a sermon. Hamrick did not endorse a particular candidate. He explained the platforms of both parties and if they aligned with Scripture.
The IRS informed New Way Church, Florida in 2024 that it was under investigation for allegedly violating Johnson Amendment during a church service in 2022. In this service, the candidate for school board spoke to the congregation about her faith, and why she was running for office. She was also prayed over by the pastor. Two years later, it was revealed that the IRS was investigating the church over this event. The IRS also demanded specific answers. The IRS dropped the case after the church refused to answer. However, it left the pastor and congregation fearful of what might happen in future.
In 2024 the National Religious Broadcasters and several churches filed in the U.S. District Court in Texas a legal complaint challenging the Johnson Amendment restrictions on nonprofit organisations, including churches.
In 2025 the Trump administration will settle the NRB case , which includes a settlement that the Johnson Amendment is not applicable to the speech made by a house or worship to its congregation regarding “electoral politics as viewed through’religious faith.
Over 1,800 antichristian groups, including American Atheists and American Humanists as well as Freedom from Religion Foundation (Greenpeace USA), National Menopause Foundation (NMF), National LGBTQ Task Force, National Menopause Foundation and American Atheists signed a letter against the settlement.
When Kamala Harris ran for in an Atlanta church 2024, the Freedom from Religion Foundation and other leftist groups did not protest.
In March 2026 a judge refused to accept the IRS settlement for the NRB. The judge cited a lack in jurisdiction, as it was a tax-related issue.
Michael Farris, general counsel of the NRB, disagreed. He noted that “the IRS agreed that in these settings [worship service], the Johnson Amendment did not apply and that to argue otherwise would violate First Amendment Establishment of Religion Clause.”
The NRB appealed the Fifth Circuit Court in April 2026. This case is still pending.
The Johnson Amendment Violates Religious Liberty
Pastors and priests should not be afraid to speak freely in the pulpit about any subject without fearing government repercussions. Christians turn to their church leaders and the Bible for guidance in a wide range of life issues, including politics.
America is undergoing a political crisis. Conditions will not improve without moral and biblically-based teachings that turn people towards God.
The definitions of woman and man are being changed, as are the murders of babies. These conversations should be centered on the church. Many church leaders, however, dismiss these conversations as “political”, and a matter that belongs to the government rather than the church. This excuse is directly in conflict with biblical teaching.
The Bible has answers to many of these “political questions”. God says in Romans 15, “For everything that was written in previous days was written for us to learn, so through endurance and encouragement from the Scriptures we may have hope.”
Paul says in 2 Timothy 3, that Godlessness will occur in the end days. He warns “that in the last days, there will be times of difficulty.” People will be self-lovers, money lovers, arrogant and abusive, disrespectful of their parents, unthankful, unholy and heartless, unappeasable. They will also be brutal, lacking self-control, cruel, not loving goodness, treacherous, irresponsible, swollen by conceit.
Paul immediately answers this warning. In verses 16-17, he says, “All Scriptures are breathed out by God, and profitable for teaching. For reproof. For correction. And for training in righteousness. That the man of God be complete and equipped for all good works.”
These passages will be useful for church leaders to use when educating their congregations about political issues or candidates running for office. The Johnson Amendment, however, restricts the freedom of pastors to speak these truths if they use them in relation to politics or candidates for office. This violates their religious freedom.
The Johnson Amendment never had anything to do with protecting the integrity or the tax code. It was and still is a tool used to silence the Church. So long as pastors are afraid of government reprisals for applying Scriptures to moral and political issues of today, the pulpit remains partially muted. A nation in turmoil continues to drift away without God’s clear voice. This restriction must be lifted.
This article first appeared on It's time to stop the government's gag order on the church
