SALT LAKE CITY — In a decision that could have potentially big impacts on Utah politics, the Internal Revenue Service has said that churches can now endorse political candidates without fear of losing their tax-exempt status.
The IRS made the declaration in a court filing in a Texas lawsuit involving an Evangelical media coalition that sued challenging what’s known as “the Johnson Amendment” as a violation of their First Amendment free speech rights. Though not really enforced, the Johnson Amendment allowed faiths to weigh in on social issues, but prohibited religions from endorsing or opposing political candidates.
“When a house of worship in good faith speaks to its congregation, through its customary channels of communication on matters of faith in connection with religious services, concerning electoral politics viewed through the lens of religious faith, it neither ‘participate[s]’ nor ‘intervene[s]’ in a ‘political campaign,’ within the ordinary meaning of those words,” the IRS filing said, adding:
“Bona fide communications internal to a house of worship, between the house of worship and its congregation, in connection with religious services, do neither of those things, any more than does a family discussion concerning candidates.”
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The impact of that declaration may be more pronounced in Utah, where religion and politics have been intertwined going back to statehood when Mormon pioneers entered the Salt Lake Valley. The Church of Jesus Christ of Latter-day Saints remains a significant cultural influence in the state and it also exercises influence on Utah politics. The faith has been known to weigh in on Utah’s Capitol Hill on issues like liquor laws, cannabis, LGBTQ rights and even some city-imposed fees.
“I think if you look at the makeup of the legislature versus the population of Utah, you see significantly more legislators representing the LDS faith than you do the people in Utah. I think that’s extremely exacerbated when compared to other states,” said Elizabeth Hutchings with the progressive policy group Alliance for a Better Utah.
Hutchings believed the IRS declaration upends decades of codified separation of church and state, adding: “I think it would be very problematic for this state.”
The Church of Jesus Christ of Latter-day Saints did not directly address FOX 13 News’ questions about the impact of the IRS declaration, but referred to past statements declaring political neutrality.
“The Church does not seek to elect government officials, support or oppose political parties, or, generally, take sides in global conflicts. The Church is neutral in matters of politics within or between the world’s many nations, lands and peoples. However, as an institution, it reserves the right to address issues it believes have significant moral consequences or that directly affect the mission, teachings or operations of the Church,” it said.
Still, some have concerns about lay clergy like a ward bishop or stake president opining on their preferred candidate from the pulpit.
“Worship at church has helped us to become women who recognize what we owe to each other as children of God. This means that our politics is deeply influenced by faith, but as a nonpartisan organization we work hard to make sure that influence runs in only one direction,” said Jennifer Thomas, the co-executive director of Mormon Women for Ethical Government.
“The Johnson Amendment helped ensure that churches could do the critical work of moral development and community building that they are uniquely suited to do, without being polluted by politics. With that protection gone, it will be up to people of faith to work overtime to preserve the peace and sanctity of their houses of worship.”
Bill Duncan, the constitutional law and religious freedom fellow at the Sutherland Institute, a conservative-leaning policy group, said he was somewhat surprised by the IRS declaration but did not expect many religions to change their practices.
“Some people will see this as an opportunity to be a little more forthright, but I think that will largely be on the edges and not a major practice,” he said.
Duncan said he doubted the Latter-day Saint faith would even allow local leaders to endorse their preferred candidates and said it could even backfire with members.
“My guess is many candidates may not, because being associated with the Church may be positive or may not be positive,” he said.
Rev. Brigette Weier of St. Matthew Lutheran Church in Taylorsville said she knows of some clergy that have endorsed candidates, pointing out the Johnson Amendment hasn’t been really enforced. But she said she was still surprised by the decision.
“Our sermons may very well be political, but it’s about how we live together. Because no political party is the good news of Jesus Christ,” Rev. Weier said Tuesday. “The Democrats don’t have that, the Republicans don’t have that. Third parties don’t have that.”
Rev. Weier said she encourages members of her congregation to vote their conscience and has no plans to start urging them to vote for or against any particular candidate.
“I hope that as people who follow Jesus, that we will indeed use our faith to ground us in how we make those decisions about who we vote for, what bills we think are good, what initiatives we think our good, because we are called to love our neighbor as ourselves,” she said.
Bishop Phyllis Spiegel, the head of the Episcopal Diocese of Utah, said she would instruct her clergy not to endorse candidates. She said there are many people of different political persuasions in their churches.
“The use of the pulpit for us is to preach the gospel. When we preach politics, we’re preaching the social justice politics of Jesus,” Bishop Spiegel told FOX 13 News, adding she believed that to tell someone how to vote “takes away their God-given decision making.”
Sam Brunson, a law professor at the University of Loyola Chicago who writes about religions and tax policy, said he did not believe most faiths would take advantage of the IRS declaration.
“In most cases, if they weren’t already doing it they’re not going to start now. It doesn’t change the law as the law actually stands,” he told FOX 13 News. “In rare occasions, if a church was on the border about doing it, they thought they wanted to but didn’t because of the IRS, this maybe gives them permission.”
Asked about the Latter-day Saint faith in particular, Brunson said he expected them to keep doing what they have always done.
“I think their policy of not endorsing candidates is longstanding enough and ingrained enough,” Brunson said.