Summary:

Republican lawmakers in the House and Senate have introduced legislation that would amend a decades-old provision within the Internal Revenue Service regarding churches, pastors and nonprofits.

North Carolina Representative Mark Harris and Oklahoma Senator James Lankford introduced the bicameral Free Speech Fairness Act Monday. Senator Ted Cruz of Texas co-sponsored the legislation in the Senate, and 16 Republicans co-sponsored it in the House.

“Now that we have a Republican trifecta, [in the House, Senate and White House], [the bill sponsors are] hoping to have momentum behind it,” a Harris spokesperson told Newsweek.

Newsweek reached out to the IRS and Lankford’s and Cruz’s offices for comment.

Why It Matters

The bill would remove the Johnson Amendment, a 1954 tax code provision.

Named after President Lyndon B. Johnson, the amendment prohibits all 501©(3) tax-exempt organizations—like churches, where contributions are tax-deductible—from supporting or opposing candidates in political campaigns. It was enacted to prevent tax-deductible money from being used in the process. Such organizations can still participate in electoral processes.

During his first term in 2017, President Donald Trump signed an executive order, Promoting Free Speech and Liberty, to ease restrictions on religious organizations and nonprofits and provide more protections.

Despite Trump’s claims that he “got rid” of the Johnson Amendment, it remains in place and can only be changed by Congress or the U.S. Supreme Court.