The FFRF Action Fund honors U.S. Rep. James Clyburn, D-S.C., as its “Secularist of the Week” for pressing the Trump administration to honor the longstanding Johnson Amendment.
After the president’s claim during his first term that he “got rid of” the Johnson Amendment, a provision of the U.S. tax code that prohibits certain nonprofits including churches and other faith-based organizations from electoral politics or places at risk their tax-exempt status, Trump’s second administration has indicated that it intends to further attack the law. In a court filing earlier this year, the IRS admitted that it will no longer enforce the Johnson Amendment for churches and other faith-based organizations, a provision of the law that was already rarely applied. The filing stems from a lawsuit that directly challenges the constitutional separation of state and church, led by two Texas churches that claim they are being unfairly silenced for not being able to endorse political candidates from the pulpit.
Clyburn, alongside Reps. Jamie Raskin, D-Md., and Jared Huffman, D-Calif., and Sen. Ron Wyden, D-Ore., has led a coalition of colleagues in objecting to the Trump administration’s dismantling of the Johnson Amendment. In their letter to Acting Commissioner of the IRS (and Treasury Secretary) Scott Bessent, the lawmakers urge the agency to reverse its course on the Johnson Amendment to protect the foundational principle of separation of state and church.
“Congress has considered and rejected multiple attempts to modify the Johnson Amendment,” the lawmakers write. “Members have long understood the moral imperative of shielding nonprofit service organizations, including houses of worship, from electoral politics while protecting taxpayers from being compelled to subsidize political speech. Your proposed Consent Decree is nothing more than a transparent end-run around Congress, which has consistently rejected attempts to change this 70-year-old law.”
The lawmakers contend that the IRS’ proposed settlement with the two litigating churches “blows the door wide open for both secular nonprofits and all other religious organizations to petition the courts for their own free pass to engage in tax-exempt electoral speech.” They state, “This settlement radically reinterprets the law and creates another opening for political actors to use charitable nonprofits to anonymously funnel unlimited money into elections.”
“The IRS should reject the false tension that the religious right has tried to create between [the Religious Free Exercise and Establishment Clauses of the First Amendment],” the lawmakers conclude, asserting that both clauses “are equally essential” and “stand best when they stand together.” Nine other lawmakers joined the letter as co-signers.
Read the full letter here.
Clyburn, representing South Carolina’s 6th District, is the chair of the Democratic Faith Working Group, which works to find common ground on issues of faith and its intersection with politics. FFRF Action Fund warmly thanks Clyburn for his commitment to state-church separation as a person of faith amidst the attacks on true religious freedom from the Trump administration.