“For many houses of worship, the exercise of their religious beliefs includes teaching or instructing their congregation regarding all aspects of life, including guidance concerning the impact of faith on the choices inherent in electoral politics,” said the IRS, adding that infringing on this type of speech might constitute a First Amendment violation.
“For these reasons, the Johnson Amendment does not reach speech by a house of worship to its congregation, in connection with religious services through its customary channels of communication on matters of faith,” the filing said, “concerning electoral politics viewed through the lens of religious faith.”
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If a judge rules in favor of the IRS’s motion for consent judgment, the IRS would be permanently enjoined from enforcing the Johnson Amendment against the churches named in the case.