Treasury, IRS to Release Guidance on Political Expression by Religious Organizations

The move follows a challenge to the Johnson Amendment, which prohibits churches and charities from supporting or opposing political candidates.

Cities Church in St. Paul, Minn., on Jan. 30, 2026. Stephen Maturen/Getty Images

The Department of the Treasury and the IRS on Friday announced a plan to issue new guidance on how religious organizations can avoid violating a law prohibiting political advocacy by tax-exempt groups.

The Johnson Amendment, which became law in 1954, prohibits tax-exempt organizations—such as charities, churches, and other houses of worship—from advocating for or opposing political candidates. Violations can lead to a loss of tax-exempt status.

The new guidance seeks to offer clear standards for houses of worship, especially concerning communications during religious services.

It comes after a recent court case challenging the amendment, National Religious Broadcasters v. Bessent, which the IRS suggested settling by acknowledging that legitimate internal communications within a house of worship, including messages to congregations during services on matters of faith, do not represent prohibited political campaigning. On March 31, a federal district court dismissed the case without prejudice for lack of jurisdiction before ruling on the proposition.

Treasury and IRS officials announced they will work with stakeholders as they formulate the guidance. A release is anticipated later this year.

“Religious liberty is foundational to our Constitution, and the freedom to practice one’s faith openly and in community is central to the American story as we celebrate 250 years of independence as a nation this year,” Treasury Secretary Scott Bessent said in a statement.

“As many Americans gather to observe Holy Week and Passover, President [Donald] Trump and this administration continue to protect religious freedom as a fundamental right in principle and in practice as our laws are applied. The Treasury and the IRS will provide additional clarity and guidance to houses of worship that reflect these ideals and uphold the First Amendment.”

The move follows the Trump administration’s work to protect religious expression, including creating a White House Faith Office targeting what officials say is anti-Christian bias in federal agencies.

In his first term, Trump signed an executive order directing the IRS to relax enforcement of the Johnson Amendment. He also vowed to repeal the Johnson Amendment, but never did.

“The faith initiative will help design new policies that recognize the vital role of faith in our families, our communities, and our great country,” Trump said. “We take this step because we know that, in solving the many, many problems and our great challenges, faith is more powerful than government, and nothing is more powerful than God.”

But not all religious voices welcomed the president’s call for leniency.

Guthrie Graves-Fitzsimmons, vice president of programs at Interfaith Alliance, which calls itself an advocate for “religious freedom and social justice,” said in a 2025 statement that the shift  “represents a grave threat to healthy boundaries between government and religion.”

“It aims to heavily politicize the pulpit, and could turn some religious institutions and organizations into thinly veiled fronts for partisan groups and candidates,” Graves-Fitzsimmons said.