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The Conversation
The Conversation
Lloyd Hitoshi Mayer, Professor of Law, University of Notre Dame

IRS says churches may endorse political candidates despite a decades-old federal statute barring them from doing that

Former New York Gov. Andrew Cuomo speaks at a church in Harlem during his failed campaign to become the Democratic nominee in the 2025 New York City mayoral race. Mostafa Bassim/Anadolu via Getty Images

Churches and other houses of worship can endorse political candidates without risking the loss of their tax-exempt status, the Internal Revenue Service said in a legal document the tax-collection agency filed on July 7, 2025. This guidance is at odds with a law Congress passed more than 70 years ago that’s known as the Johnson Amendment and applies to all charitable nonprofits, whether they are secular or religious.

The Conversation U.S. asked Lloyd Hitoshi Mayer, a law professor who has studied the regulation of churches’ political activities, to explain what this statute is, how the IRS seeks to change its purview and why this matters.

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