But churches wouldn't be the only nonprofits affected. An analysis released this week by Public Citizen found that at least five groups in favor of dismantling the Johnson Amendment -- the National Right to Life Committee, Susan B. Anthony List, Focus on the Family and the National Organization for Marriage, along with the Family Research Council -- have spent $24 million to influence federal, state and local elections since 2006. The Family Research Council and Focus on the Family are charitable nonprofits, and the National Organization for Marriage and National Right to Life Committee have charitable nonprofit arms. As a 501c4 "social welfare" nonprofit, the Susan B. Anthony List is already allowed limited engagement in partisan politics.
Given that exit polls showed that Trump carried 58 percent of the evangelical vote, it's no surprise that he wants to repeal the amendment. But his options for doing that are limited.
Because the Johnson Amendment is part of the federal tax code, Trump cannot repeal it through executive order. However, he can issue an executive order directing the IRS to interpret the law narrowly, effectively giving churches the ability to endorse candidates.
A repeal would have to be done by Congress -- and legislation has been introduced that would do just that.
The day before Trump spoke at the National Prayer Breakfast, the Free Speech Fairness Act was introduced in both the House and the Senate to allow any charity to endorse or oppose candidates as long as the endorsement occurs "in the ordinary course of the organization's regular and customary activities." The initial co-sponsors of the legislation in the House were Steve Scalise of Louisiana and Jody Hice of Georgia, and in the Senate they were James Lankford of Oklahoma and Rand Paul of Kentucky, all Republicans.
The legislation has been assigned to the Senate Finance Committee, chaired by Utah's Orrin Hatch, and the House Ways and Means Committee, chaired by Kevin Brady of Texas.
Tags- evangelical voters
- donald trump
- internal revenue service
- johnson amendment
- churches
- nonprofits
- secret money
- lyndon johnson
- civil rights movement
- martin luther king
- Family Research Council
- pulpit freedom sunday
- free speech fairness act
- steve scalise
- jody hice
- rand paul
Rebekah is a researcher and writer at Facing South/Institute for Southern Studies focusing on racial justice, democracy and Southern history. As a student activist she organized around issues including voting rights, the Fight for $15 and Medicaid expansion. She holds bachelor's degrees in English and history from N.C. Central University in Durham, North Carolina.
Email Rebekah(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
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