by Jorge Gomez • 3 minutes
We’re happy to report a victory for our client, New Way Church, in Palm Coast, Florida. The congregation will no longer face harassment by the IRS.
The federal agency sent a letter this week confirming it is closing an investigation of the church. The IRS accused New Way of “political involvement” after praying for a school board candidate who visited the church and addressed the congregation during its worship service.
Two years later, the IRS announced that it planned to investigate the church because they prayed for a candidate for office during their church worship service.
First Liberty stepped in to represent the church and explained to the IRS that the church did nothing wrong. After we got involved, the IRS realized the error of its ways. On March 21, the IRS confirmed it would drop the investigation.
In its letter, the IRS determined “determined that [the church’s] activities continue to allow it to be exempt.” This is important, as it affirms that it is perfectly legal for pastors to pray for a political candidate on stage during a church service, even if all the candidates are not present.
“The First Amendment robustly protects the right to discuss political topics through the lens of faith, and no one should allow fear of an inquiry from the IRS to chill such activities,” explained First Liberty Senior Counsel Ryan Gardner in an op-ed for Newsweek. “Should the IRS begin investigating a church, synagogue or mosque for engaging in this kind of protected religious activity, they should know they can still rely on the First Amendment to defend their God-given rights.”
The Constitution protects the right of pastors and churches to invite candidates to address their congregation from the pulpit, and even the IRS itself says it is totally fine to do so as long as all the candidates in a race are invited. And it’s also okay if only one candidate accepts the invitation.
The church simply exercised its constitutional rights, which include equipping and informing its congregants on political issues—not to mention praying for their leaders and those who would run for office. New Way gave its members an opportunity to hear from someone who could potentially make decisions about their children’s education.
There are many misconceptions surrounding churches and elections. Opponents of religious freedom often manipulate information to make Americans believe that politics and the pulpit may never converge. But that’s not the case.
Religious leaders are tasked with equipping their congregants in works of service, and that includes representing their faith and morality in the voting booth. Pastors are fully protected when it comes to educating members about the political process, handing out non-partisan voter guides and flyers so members can read about each candidate’s positions, and even providing the opportunity to register to vote.
Gardner adds that churches need not fear having their tax-exempt status taken away.
“The IRS’ own guidance recognizes that houses of worship are automatically tax-exempt regardless of whether the IRS has formally recognized that status or not,” Gardner wrote. “Thus, even if the IRS revoked a church’s tax-exempt status, it would still be tax exempt because of its status as a church. Houses of worship therefore need not fear this paper tiger.”
This is a tremendous victory for New Way. The pastor and the church are free to carry out their divinely inspired mission.
Thank you for supporting First Liberty. You’re the driving force that helps deliver these crucial victories. Wins like these are incredibly significant to those involved. They make a big difference in the lives of Americans who want to exercise their constitutional rights and live in liberty.
It’s through these victories that we see some of the most meaningful impact, because collectively, these wins all add up to help protect religious liberty for millions of Americans.
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