How Might the President's Decision on the Johnson Amendment Affect Nonprofits?
The Johnson Amendment prohibits tax-exempt organizations from campaigning for or against political candidates. The amendment has been active for more than 50 years; however, President Trump opposes the law.
The Johnson Amendment has not received much opposition besides a few years back when the Alliance Defending Freedom organization fought to repealing the amendment. Like the Alliance Defending Freedom, Trump believes that it is the right of people to free speech and that the Amendment causes a chilling effect on religious organizations.
According to Trump, everyone, including religious bodies and nonprofit organizations, should be allowed to organize in favor of their political candidates and views. He focuses his efforts on religious freedoms and said he wants to "get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution.” Interviews with church organizations found that many did not ask for or see the necessity of changing the Johnson Amendment. Some believe that by allowing organizations to rally in support of a candidate or law, it has the potential to divide congregations instead of bringing them together by their religious beliefs.
Trump cannot take action on the law without the sign-off of Congress. Trump signed the Presidential Executive Order Promoting Free Speech and Religious Liberty that promised to help religious organizations gain more freedom in participating in political campaigning. “According to multiple reports, the order will instruct the Internal Revenue Service to use maximum discretion when enforcing legislation that prevents churches and other houses of worship from endorsing political candidates.”
Despite this order being signed, it did not hold much change much and the Johnson Amendment is still very much intact despite Trump’s efforts. "The (executive order) does not really resolve anything with respect to the Johnson Amendment," said Lloyd Mayer, who teaches nonprofit and election law at Notre Dame law school. “The Johnson Amendment is still law."
Sources:
https://www.newsweek.com/johnson-amendment-trump-religious-liberty-594630
https://www.npr.org/2017/02/03/513187940/the-johnson-amendment-in-five-questions-and-answers
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