Know Your Rights: Churches Have a Constitutional Right To Speak Out on Moral Issues

It is a recurrent concern of churches to reach out to the ACLJ because they fear being silenced by local and state authorities and the IRS when taking a stand on the moral and cultural issues affecting society and their communities. To be clear, first, the United States Constitution protects a church’s right to speak out on moral issues. Second, even though the Internal Revenue Code precludes churches from assessing the qualifications of specific candidates for public office, the IRS lacks the authority to infringe upon a church’s inherent right to speak out on the morality of any contested political issue.

The Supreme Court has unambiguously held that religious speech is at the apex of protected speech under the First Amendment. Government suppression of religious free speech is incompatible with both the free exercise clause and the free speech clause of the Constitution. Indeed, the Court has held that private religious expression receives preferential treatment compared to other forms of speech.

In addition, the Trump Administration issued an important Executive Order (which has not been rescinded) that ensures respect for religious and political speech. Executive Order 13798, published on May 4, 2017, states in pertinent part that “[a]ll executive departments and agencies shall, to the greatest extent practicable and to the extent permitted by law, respect and protect the freedom of persons and organizations to engage in religious and political speech.” See Exec. Order No. 13798, 82 FR 21675, 2017 WL 1832983 (Pres.).

If IRS rules apply, churches cannot engage in political activity, but they can do voter guides and talk about moral issues.

Through our Know Your Rights series, the ACLJ will continue to educate the public about their First Amendment freedoms. Find a more in-depth review of the law regarding your church’s constitutional liberties in this legal memo.

We are dedicated to defending your constitutional rights. We have been providing assistance and legal representation, at no cost or charge, to churches for decades. If your rights are being violated in this area, please contact us at ACLJ.org/HELP.