The FFRF Action Fund strongly opposes a newly introduced federal bill — misleadingly named the “Free Speech Fairness Act” — that would allow churches to endorse political candidates.
Introduced by Rep. Mark Harris, R-N.C., and Sen. James Lankford, R-Okla., the bill would tamper with longstanding federal law by permitting pastors to speak in favor of or against political candidates during services, include endorsements in church bulletins or on church marquees. The proposal relies on intentionally vague language that would open the door for churches to become partisan campaign tools.
The bill would cause great confusion by approving electioneering if done through “regular and customary activities in carrying out its exempt purpose.” Such endorsements would qualify as “de minimus incremental expenses” under the bill but could nevertheless turn church congregations into political machines. Such weakening of the Johnson Amendment would destabilize our political system by creating an avenue to influence political campaigns with zero accountability.
Unlike most nonprofits, churches are not required to publicly report how they spend donations. That means donors could give tax-deductible money to a church, which could then use those funds to promote political campaigns — without any public transparency or oversight.
The Johnson Amendment, which has kept 501(c)(3) tax-exempt groups, including churches, out of electoral politics since 1954, has protected the integrity of both religion and government for over 70 years. Repealing it would destroy that boundary and unleash taxpayer-subsidized electioneering from the pulpit.
The reason why the Johnson Amendment was adopted is simple and commonsensical: Political donations are not tax-exempt. Therefore, tax-exempt entities naturally may not use their resources or infrastructure, which are dependent on tax-deductible contributions, to engage in politicking.
The bill’s sponsors pretend that pastors are being “silenced” or stifled. Yet ministers or other religious adherents are free in their personal capacities to get involved in politics — they simply cannot use tax-exempt resources to do so.
“This bill isn’t about free speech — it’s about turning churches into political machines subsidized by taxpayers,” says Annie Laurie Gaylor, president of the FFRF Action Fund. “Think of what would be considered ‘de minimus’ expenditure for the 1,300 megachurches out there. This unwise proposal would allow churches to endorse candidates from the pulpit while hiding how they spend their money. It violates the core American principles of playing fair and keeping religion and government separate.”
FFRF Action Fund is a 501(c)(4) organization that develops and advocates for legislation, regulations, and government programs to preserve the constitutional principle of separation between state and church. It also advocates for the rights and views of nonbelievers, endorses candidates for political office, and publicizes the positions of elected officials on religious liberty issues.