Cleaver Among Lawmakers Calling on Trump Administration to Stop Politicizing Houses of Worship; Defend Separation of Church and State Ahead of Court Arguments

(Washington, D.C.) – This week, U.S. Representative Emanuel Cleaver, II (D-MO), a Methodist Minister for over 5 decades, Representative James Clyburn (D-SC), Chairman of the Democratic Faith Working Group, and Representatives Jamie Raskin (D-MD) and Jared Huffman (D-CA), along with Senator Ron Wyden, Ranking Member of the Senate Finance Committee, led lawmakers in objecting to the Trump Administration’s attempts to exempt two specific organizations from the law. In a new letter to Acting Commissioner of the Internal Revenue Service Scott Bessent, the lawmakers urged the Trump Administration to withdraw a proposed settlement in National Religious Broadcasters Association v. Bessent which carves out exceptions to the foundational principle of separation of church and state.

For the past 70 years, a provision of the tax code known as the Johnson Amendment has insulated nonprofits, faith-based organizations and houses of worship from electoral politics. In order to qualify for 501(c)(3) status, nonprofits and houses of worship cannot engage in tax-exempt political speech. Despite widespread support for the Johnson Amendment among thousands of nonprofits and houses of worship, the Trump Administration reversed course on a lawsuit targeting the Johnson Amendment in an attempt to exempt two churches from complying with the law. 

“Congress has considered and rejected multiple attempts to modify the Johnson Amendment,” the lawmakers wrote. “Members have long understood the moral imperative of shielding nonprofit service organizations, including houses of worship, from electoral politics while protecting taxpayers from being compelled to subsidize political speech. Your Proposed Consent Decree is nothing more than a transparent end-run around Congress, which has consistently rejected attempts to change this 70-year-old law."

“The Proposed Consent Decree seeks to exempt two specific organizations favored by the government out of the more than 1.5 million 501(c)(3) organizations in the United States from following the law,” the lawmakers continued. They noted that the reasoning in the proposed settlement “blows the door wide open for both secular nonprofits and all other religious organizations to petition the courts for their own free pass to engage in tax-exempt electoral speech. This settlement radically reinterprets the law and creates another opening for political actors to use charitable nonprofits to anonymously funnel unlimited money into elections.”

“The IRS should reject the false tension that the religious Right has tried to create between these two principles,” the lawmakers concluded. “The Religious Free Exercise and Establishment Clauses are equally essential, and they stand best when they stand together.”

The letter was co-signed by Representatives Mark Pocan (D-WI), Tom Suozzi (D-NY), Lloyd Doggett (D-TX), Debbie Wasserman Schultz (D-FL), and André Carson (D-IN), along with Senators Jack Reed (D-RI), Cory Booker (D-NJ), and Mazie Hirono (D-HI).

The official letter is available here.

Emanuel Cleaver, II is the U.S. Representative for Missouri's Fifth Congressional District, which includes Kansas City, Independence, Lee's Summit, Raytown, Grandview, Sugar Creek, Greenwood, Blue Springs, North Kansas City, Gladstone, and Claycomo. He is a member of the exclusive House Financial Services Committee and Ranking Member of the House Subcommittee on Housing and Insurance.