Redheaded Blackbelt: Lawmakers Challenge IRS over Trump-era church political activity ruling
Today, Congressional Freethought Caucus Co-Chairs Jared Huffman (CA-02) and Jamie Raskin (MD-08) led their colleagues in a letter to Internal Revenue Service (IRS) Commissioner Billy Long expressing concerns regarding the Trump administration’s recent court filing that undermines the constitutional separation of church and state.
The filing signals that Trump can allow churches to endorse or oppose political candidates from the pulpit – blatantly violating the 70-year-old Johnson Amendment while still maintaining their tax-exempt status. The motion is a strikingly inaccurate reinterpretation of current U.S. laws that help reconcile and harmonize our nation’s core principles of free speech, free exercise of religion, and the separation between church and state.
In their letter to Commissioner Long, the lawmakers demand that the IRS immediately reconsider its motion and remedy its failure to enforce the Johnson Amendment in accordance with longstanding legal interpretations and statutory requirements.
“As members of the Congressional Freethought Caucus, we urge you to reconsider the Internal Revenue Service’s (IRS) decision to propose the deeply flawed proposed settlement in the matter of National Religious Broadcasters Association et al v. Long. We strongly disagree with the stunningly inaccurate reinterpretation of the Johnson Amendment adopted in this proposed settlement,” the lawmakers wrote. “Congress passed the Johnson Amendment 70 years ago to reconcile and harmonize our nation’s core principles of free speech, free exercise of religion and the separation between church and state. This proposed settlement now threatens to upend and unravel that careful and delicate balance.”
The lawmakers continued, “When writing the tax code in 1954 to establish guardrails around organizational tax exemption, Congress included the Johnson Amendment without any extended discussion or debate. It was noncontroversial and widely supported precisely because it established reasonable boundaries between partisan politics and tax-exempt religious exercise. Under the Johnson Amendment, houses of worship are protected from government interference by securing tax exemptions while taxpayers are protected from being compelled to subsidize religious institutions’ political speech.”
“It is therefore deeply troubling that the IRS, in supporting the flawed arguments made by the plaintiffs in this case, accepts the false opposition that the religious Right has tried to create between the First Amendment’s Free Exercise and Establishment Clauses,” the lawmakers added.
In addition to Reps. Huffman and Raskin, the letter was signed by Reps. Yassamin Ansari, Becca Balint, Suzanne Bonamici, Julia Brownley, Greg Casar, Sean Casten, Lizzie Fletcher, Laura Friedman, Robert Garcia, Pramila Jayapal, Henry C. “Hank” Johnson, Eleanor Holmes Norton, Mark Pocan, Delia C. Ramirez, Emily Randall, Andrea Salinas, Rashida Tlaib, and Nydia Velázquez.
The Congressional Freethought Caucus is an interfaith group of Members dedicated to advocating for religious freedom, church-state separation, and public policies based on science and reason.
Read the full letter here.