On Monday, the IRS and the National Religious Broadcasters filed a “Joint Motion for Entry of Consent Judgement”, requesting a federal court in Texas to declare that nonprofit nonpartisanship is unconstitutional. Essentially, the IRS is declaring that religious groups have the right to engage in partisan speech, and this is not in conflict with the Johnson Amendment, a 1954 law named after then-Senator Lyndon Johnson, which prohibits nonprofits from engaging in partisan activities. This type of speech would be akin to “a family discussing candidates” the filing argues.
The National Council of Nonprofits released a statement that said: “This court filing is deeply concerning, furthering an assault on the bedrock principle that charitable organizations must remain nonpartisan in law, fact, and purpose…the decree could open the floodgates for political operatives to funnel money to their preferred candidates while receiving generous tax breaks…”
If the plaintiffs are successful, a federal judge could enter an order barring the Trump Administration from enforcing the Johnson Amendment. It is not clear whether the IRS would support the inclusion of secular nonprofits.