Destroy Church-State Separation in Politics Act

Official Title: Free Speech Fairness (H.R.2501/S.1205) 

Introduced by Rep. Mark Harris (R-NC) and Sen. James Lankford (R-OK) 

The bill would amend the Internal Revenue Code of 1986 to repeal the Johnson Amendment and erode church-state separation by allowing tax-exempt organizations, including churches, to endorse or oppose political candidates and engage in electioneering.

Undermines First Amendment Freedom of Religion

• This bill would repeal the 1954 Johnson Amendment, a tax code provision that conditions tax-exempt status for charities, churches, and other 501(c)(3) organizations. The provision precludes them from engaging in any political campaign activity, including endorsing or opposing political candidates to retain that status.  
• For more than 50 years, the Johnson Amendment has aimed to protect the separation of church and state as well as the integrity of both religious institutions and the political process – despite efforts to reduce or eliminate enforcement of the law.
• Allowing churches to freely endorse candidates without consequence not only undermines the integrity of our electoral process but also poses a significant risk to the principle of equality under the law. When certain organizations, particularly churches that are already given special exemptions from normal 501(c)(3) reporting requirements, are allowed to engage in rampant illegal election intervention, it creates an uneven playing field, putting pressure on those organizations that comply with tax regulations and conscientiously avoid involvement in electoral politics.
• Repealing the Johnson Amendment will increase 'dark money' by allowing individuals to use such organizations to obtain tax exemptions that are not available for other campaign contributions.

Damages the integrity of houses of worship and the nonprofit sector

• It would have the effect of politicizing and thereby erasing the public’s high trust in charities, houses of worship, and foundations to benefit politicians and paid political consultants.  
• Religious organizations are already free to spend money on related advocacy organizations, to which contributions are not tax exempt.  Moreover, the Internal Revenue Service had issued guidelines that permit churches to engage in voter registration drives, educational activities, and even political forums that do not explicitly endorse one or another candidate.