Posted on Monday, July 28, 2025
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by W. J. Lee
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17 Comments
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At the 2017 National Prayer Breakfast, President Donald Trump made a promise few thought he’d be able to keep: “I will get rid of, and totally destroy, the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution.” Eight years later, however, Trump has delivered on that pledge and secured another historic victory for religious Americans.
In a seismic shift earlier this month, the IRS settled a lawsuit filed by a group of Texas churches that argued that they should have the right to endorse political candidates without losing their tax-exempt status. The settlement effectively creates a major new caveat in the Johnson Amendment, which had acted as a muzzle on political speech by church leaders for more than 70 years.
Added to the tax code in 1954, the Johnson Amendment prohibited tax-exempt organizations – including churches – from endorsing or opposing political candidates. That may sound benign, but in practice, it granted the IRS broad power to scrutinize sermons, investigate religious entities, and penalize them for crossing an ill-defined line.
The amendment’s vague language made it ripe for abuse, particularly given the conservative bent of most churches and religious organizations. Critics of the law have long viewed it as a glaring violation of the First Amendment’s protections on freedom of speech and religious liberty.
The law’s political origins make its misuse all the more troubling. Then-Senator Lyndon B. Johnson introduced the provision after two nonprofit groups publicly criticized his record on communism during a primary campaign. It was quite clearly an effort to weaponize the tax code against Johnson’s political opponents. Despite this, there was no major floor debate or ideological justification provided for the amendment. It was inserted quietly into the tax code via voice vote.
Over time, however, the IRS repurposed it as a tool to keep pastors in line. By the 1990s, the agency was warning auditors that “coded” language, such as “pro-life” or “pro-choice,” could qualify as political activity. In other words, a Catholic priest or a Protestant minister merely using the phrase “pro-life” from the pulpit could threaten a church’s tax-exempt status, despite that belief being integral to the Christian faith.
Rather than offer clarity on such ambiguities, the IRS adopted a sweeping “facts and circumstances” test, leaving religious leaders uncertain about what they could legally say. The chilling effect was real, and likely intentional.
For years, conservatives correctly labeled the Johnson Amendment a speech restriction dressed up as tax law. It empowered bureaucrats to dictate what pastors could say from the pulpit. Many church leaders, fearing audits or financial penalties, fell silent on matters of moral consequence during election seasons.
That’s what made Trump’s stand so significant. While others tiptoed around or ignored the issue, Trump went straight at it.
He first signed an executive order in 2017 directing the IRS to ease enforcement, and he remained publicly committed to ending the amendment’s grip on religious institutions. Critics scoffed and progressives sued to stymie Trump’s actions in court. Inaction from Congress further frustrated Trump’s efforts to fulfill his promise.
A bill was introduced in 2017 as a legislative fix to the Johnson Amendment, but the Republican-controlled Congress, led by Speaker Paul Ryan and Senate Majority Leader Mitch McConnell, never put it up for a vote.
This is where most leaders would have retreated, offering excuses and walking away. But not Trump. He doubled down and played the long game.
Trump spent years filling the judiciary with judges who would uphold the Constitution and protect religious liberty. He never forgot about his pledge to dismantle the Johnson Amendment.
Trump finally secured victory over the Johnson Amendment this month in National Religious Broadcasters v. Long. In that settlement, a Trump-appointed IRS commissioner affirmed in court that “communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted.” That single line represented the collapse of a weapon used for decades to chill religious expression.
Unsurprisingly, liberals are already claiming this decision will “politicize” the pulpit. But what they call politicization, Americans of faith call freedom. A pastor who cannot advocate for a candidate or speak to the moral issues at stake in an election is not free, he is gagged by government censors.
This win doesn’t belong to Trump alone. It is shared with the faithful, the legal advocates, and the courageous pastors who refused to be silenced. But without Trump’s bold and persistent leadership, this moment would never have come.
The Johnson Amendment may still be law in name, but in practice, it has lost its teeth and its legitimacy. That is a victory not only for churches, but for every American who cherishes the right to speak freely.
W.J. Lee has served in the White House, NASA, on multiple political campaigns, and in nearly all levels of government. In his free time, he enjoys the “three R’s” – reading, running, and writing.
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