| Yesterday, the Trump Administration issued a new executive order titled Establishment of the Religious Liberty Commission, signaling a renewed push to weaken or eliminate the longstanding nonpartisan requirement for 501(c)(3) nonprofits under the 1954 Johnson Amendment.
The executive order creates a 14-member Religious Liberty Commission tasked with recommending executive or legislative actions on a broad range of religious liberty topics. Critically, the first issue listed for the Commission’s review is “the First Amendment rights of pastors, religious leaders, houses of worship, faith-based institutions, and religious speakers.”
Despite this executive action, federal law remains unchanged, and charitable nonprofits, foundations, and houses of worship are still strictly prohibited from endorsing, opposing, or contributing to political candidates under Section 501(c)(3) of the Internal Revenue Code. This nonpartisan standard protects the integrity and public trust of the nonprofit sector.
The Commission may, however, also help build momentum for the Free Speech Fairness Act, a bill introduced last month that would weaken the nonpartisan protections under Section 501(c)(3). If enacted, the bill would permit charitable nonprofits, foundations, and houses of worship to engage in partisan campaign speech as part of their “regular and customary activities” and authorize a limited amount of political spending.
NAO will continue to closely monitor developments related to this EO and share updates as we know more. |