GOP Congressmen Taking Aim at Johnson Amendment

WASHINGTON – The stage is being set for President Trump to follow through on one of his campaign promises to Christians: repealing the Johnson Amendment.

The Johnson Amendment was added to the U.S. tax code in 1954, named for then-Texas Senator (and future President) Lyndon Johnson who proposed the amendment.  It prohibited tax-exempt organizations from endorsing or opposing political candidates.

Opponents argue it violates the First Amendment rights of pastors and other religious leaders.  Republican congressmen are taking advantage of the 2016 election momentum, introducing not one but two bills aimed at removing the government muzzle from pastors once and for all.

One bill calls for the amendment's full repeal, while the second aims at restoring free speech to charities and houses of worship.

Opponents of the Johnson Amendment argue it allows the IRS to bully and intimidate churches. Pastors who've been targeted by the law came to Washington to share their stories.

Houston Pastor Hernan Castano says the city's lesbian mayor had his sermons and text messages subpoenaed because of his outspoken stance on issues like gay marriage. Castano was given a short period of time to turn them in or face imprisonment.

"It caused a lot of stress on the church members, a lot of questioning," Castano told CBN News. "Other pastors just fled in fear because they couldn't believe this was happening in America."

Pastor Castano says the law causes a lot of confusion for clergy and many do not understand why sharing their interpretation of scriptures could lead to fines or removal of their tax exempt status.

"Talking to many pastors, I've seen the intimidation, the fear, and how they would not speak out because they don't want to lose their 501C3 status," he explained.

Castano says each year around elections, churches receive warnings and threats citing the Johnson Amendment.

"Everyone should have their full freedom of speech, not partial freedom of speech, which is really what's happening now in the pulpits of America," he said.

Rep. Jody Hice, R-Ga., and Sen. James Lankford, R-Okla., agree, which is why they introduced legislation in both houses to protect these pastors.

"The Free Speech Fairness Act, just as it says, protects those free rights and enables pastors and so forth to deal with political issues without fear of intimidation or retaliation from our government," Hice said.

Supporters of the Johnson Amendment argue that a repeal would allow churches to turn into super PACS (Political Action Committees), but this bill would prohibit non-profits from contributing to political activities or candidates.

"I'm trying to work in the Senate with Republicans and Democrats alike to say how can you be opposed to free speech?  Now I understand there's some individuals that don't like it when churches speak out, but quite frankly there's churches on the left and on the right politically that they should have the right. We as Americans shouldn't limit speech," he said.

Lawmakers have high hopes 2017 will be the year the Johnson Amendment goes away.