by Jorge Gomez • 5 minutes
What a tremendous week it’s been at First Liberty! Our President, CEO & Chief Counsel Kelly Shackelford was recently appointed to President Trump’s Religious Liberty Commission. Additionally, we secured three crucial legal victories for our clients.
IRS Closes Investigation of Missouri Church
We’re happy to report a victory for Grace Church in St. Louis. The congregation will no longer face harassment by the IRS.
The federal agency confirmed it is closing an investigation. In 2022, during local school board elections, Grace Church posted information on its website about local candidates’ positions on cultural issues from a biblical perspective. Two candidates were members of the church.
The IRS subsequently announced it planned to investigate. Attorneys with First Liberty and Jones Day responded to the IRS, asserting that the basis for its investigation was unconstitutional and an exercise in futility.
“Pastors and churches in America enjoy the freedom to speak about whatever topic they want, including candidates and political issues,” said Jeremy Dys, Senior Counsel for First Liberty. “We are pleased that the IRS not only closed its investigation, but affirmed that this church’s activities do not threaten its tax-exempt status.”
“The IRS’s inquiry into Grace Church ran headlong into the First Amendment,” said John Gore, partner at Jones Day. “We are grateful that this matter is closed and the IRS has recognized that this fundamental freedom applies when Americans come together in worship services.”
A bill introduced in Congress could help protect religious leaders and stop the IRS from punishing them if they express their opinion on pollical candidates.
Members of Congress, led by Sen. James Lankford and Rep. Mark Harris, have introduced the Free Speech Fairness Act to remove the ability of the IRS to investigate houses of worship like Grace Church for simply conveying their convictions about issues.
Here’s the most important part: the legislation would repeal the troubling Johnson Amendment. That provision in the tax code says in order to keep their tax exempt status, pastors, churches and nonprofits cannot endorse or oppose political candidates. For decades, religious leaders, houses of worship and faith-based organizations have held back from expressing opinions on candidates because of that threat of losing their tax-exempt status.
“The Johnson Amendment violates this nation’s historic respect for the independence of its houses of worship by inviting the IRS to investigate churches for political advantage,” Dys said. “The Free Speech Fairness Act goes a long way to restoring this nation’s commitment to protecting our houses of worship and the religious liberty of its leaders.”
Utah School District Will Allow First Grade Teacher to Post Prayer Chain
We secured a victory for first grade teacher Taryn Israelson. The Wasatch County School District in Utah will once again allow Taryn to post her voluntary prayer support chain in the school’s faculty lounge.
School officials initially told Taryn she had to remove it. First Liberty and the law firm Mayer Brown sent a letter explaining that Taryn has a constitutional right to express her faith and is therefore allowed to post her prayer chain. A week later, the school reversed course and responded favorably to our letter.
Taryn began the voluntary prayer chain two years ago so that teachers and staff could opt in to receive prayer or pray for others. She did her due diligence, went to Human Resources and received approval. Taryn then posted signs in the school faculty lounge inviting coworkers to participate and explaining how they could become involved.
Last fall, however, Taryn was forced her to remove the prayer chain, even though faculty members freely posted wedding or baby shower invitations, announcements for community plays, motivational quotes and other personal messages.
“This is the right decision by the school officials in light of Supreme Court decisions that have repeatedly held that the First Amendment requires public school officials to be neutral in their treatment of religion,” said Keisha Russell, Senior Counsel at First Liberty. “Taryn’s example should send a message to all public school districts that the Free Speech and Free Exercise Clauses doubly protect private religious speech.”
School Reverses Course, Will Allow Students to Sing Worship Songs at Talent Show
First Liberty delivered an important win for two Christian students who wanted to express their faith in God at a talent show.
West Ward Elementary School in Allegan, Michigan initially said there was an issue with them performing songs by Christian artists Brandon Lake and Colton Dixon. The school told one of the students that he would need to change his song.
We sent a letter to the school explaining that students have a constitutional right to express their religious beliefs. The letter said forcing our clients, or any student of any faith, “to change their song choice or lyrics would be unconstitutional censorship and viewpoint discrimination.”
In less than 24 hours, the school responded favorably, saying “school staff were unfamiliar with the legal guidelines concerning religious expression in a public-school setting.”
“We are grateful for the school’s prompt attention to our letter and their recognition that the law is very clearly on the side of the students,” said Kayla Toney, Counsel for First Liberty. “Our clients look forward to singing their faith-based songs, as practiced and planned, at the talent show on May 23.”
One of the students will sing Lake’s “That’s Who I Praise.” The song encourages listeners to trust in God’s promises and His ability to do the impossible, encouraging them to hold on to their faith no matter what challenges arise. Lake recently appeared on the American Idol Songs of Faith special.
The second student will be performing Dixon’s “Up and Up.” The song reminds people that God’s love is here to lift us up again, especially in times of hardship, struggle and grief.
Your Support Makes All the Difference
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.
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