Lawsuit alleges Democratic Party-supporting churches and organizations are allowed to take part in politics, while groups that support the GOP are penalized
Two Texas churches and a couple of nonprofit organizations with tax-exempt status are challenging the IRS in federal court over alleged violations of their freedom of speech, free exercise of religion, and equal treatment under the law.
The group alleges that numerous churches and “left-leaning” publications that are owned by tax-exempt nonprofits routinely support Democratic political candidates in violation of the Internal Revenue Code with no repercussions, while conservative churches and nonprofits are threatened and penalized.
In the complaint, the group cites examples of nonprofit media organizations appearing to endorse President Joe Biden, Vice President Kamala Harris, and other political figures, as well as church leaders praising Biden, former Secretary of State Hillary Clinton, and former President Barack Obama during services while they were candidates for president.
“Plaintiffs believe that the activity described … demonstrates ongoing, open, and obvious violations of the [law] by churches friendly to Democrat candidates,” the complaint states.
“However, plaintiffs contend that all such activity is constitutionally protected. Plaintiffs only seek the freedom to engage in similar activity.”
In 2020, a church called Cornerstone Chapel in Leesburg, Virginia, was fined after its pastor told congregants to vote in line with the values set forth in the Bible and said the Republican platform was in greater alignment with the Bible than the Democratic platform, according to the legal filing.
An organization called “Christians Engaged” was also denied tax-exempt status in 2021 for Bible teachings on topics that “are typically affiliated with the [Republican] party and candidates,” according to an excerpt from the IRS letter in the complaint. The denial was later reversed.
“To Plaintiffs’ knowledge, no investigation, and particularly no adverse action, has ever been taken against any left-leaning or Democrat-affiliated nonprofit,“ the complaint states. ”The proportion of adverse actions taken against 501(c)(3) nonprofits skews disproportionately against conservative organizations.”
For an organization to be considered a not-for-profit charity, it must not “participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office,” according to a 1954 law known as the Johnson Amendment.
By Steven Kovac
