Can the federal government control churches through enforcement of a 501(c)(3) and the IRS?
Is the IRS in violation of the First Amendment?
Around the same time, the Free Speech Fairness Act was introduced in the House and Senate by Majority Whip Steve Scalise (R-La.), Representative Jody Hice (R-Ga.) and Senator James Lankford (R-Okla.) with the aim of repealing the Johnson Amendment. Only an act of Congress can repeal the legislation. President Trump signed the executive order against the Johnson amendment.
There has been widespread opposition from religious leaders too. In an open letter to Trump, 1,300 faith leaders opposed the executive order, including its possible weakening of the Johnson Amendment.
“The draft executive order flies in the face of that rich diversity by enshrining one religious perspective—on marriage, gender identity, health care and the role of houses of worship in partisan politics—into law, above all others,” the letter states. “This is neither what religious freedom means in the eyes of the law nor what religion itself means to millions of Americans of faith.
“The religious freedom of individuals and organizations, including that of clergy and houses of worship, is already protected by the First Amendment and federal law,” the letter says.
Which prevents churches and other tax-exempt religious organizations from endorsing or opposing political candidates
The Johnson Amendment is a provision in the U.S. tax code that prohibits all 501(c)(3) non-profit organizations from endorsing or opposing political candidates. Section 501(c)(3) organizations are the most common type of nonprofit organization in the United States, ranging from charitable foundations to universities and churches. The amendment is named for then-Senator Lyndon B. Johnson of Texas.
The Johnson Amendment refers to a change in the U.S. tax code made in 1954 which prohibited tax-exempt organizations from endorsing or opposing political candidates. Proposed by then-Senator Lyndon B. Johnson, the amendment affects churches and other nonprofit organizations with 501(c) tax exemptions.
The amendment was to a bill in the 83rd Congress, H.R. 8300, which was enacted into law as the Internal Revenue Code of 1954. The amendment was proposed by Senator Lyndon B. Johnson of Texas on July 2, 1954. (Johnson would later serve as President from 1963 to 1969.) The amendment was agreed to without any discussion or debate and included in Internal Revenue Code of 1954 (Aug. 16, 1954, ch. 736). It was considered uncontroversial at the time, and continued to be included in the Internal Revenue Code of 1986 enacted during the Ronald Reagan administration.
Johnson Amendment asserted that this regulation has “allowed the IRS to intimidate and censor churches and other nonprofit organizations.”
In summary the IRS in itself is an Illegal organization and should be closed and HR 25 should be passed.
In addition the IRS amendment or any act or order by the executive or Congress concerning religion is a violation of the First Amendment.
The Supreme Court can not hear any case in regards to religion. Based on the facts the first amendment states:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Since the IRS is controlling religion my 501(c)(3) documents in itself is a violation of the First Amendment.
For further information written by Charles Frederick Tolbert DIVM, EdM, EdD
Retied Master Sergeant MSGT United States Army, Pastor
Copy Editor, Vilet Dye…firstname.lastname@example.org