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Democracy & Rule of Law · Report · File No. 261031-017

Pulpit politics before the midterms: what the law allows and where Kansas stands

Reports say conservative pastors will warn against Democrats from the pulpit this Sunday. We could not confirm those plans. Here is what the law allows and how faith has become a fight in Kansas.

Every quote in this story (1) was matched word for word against its source. How we work

Adam Hamilton (pastor)
Adam Hamilton (pastor). Photo: Working Preacher, CC BY 4.0

A Politico report says conservative pastors plan to condemn Democratic candidates from the pulpit on the last Sunday before Tuesday's midterm election. We could not load that report. We also could not find a second outlet that confirms the plans, so we do not describe them here.

What we can confirm is the legal backdrop and the campaign it plays out in. Both matter to older voters who will sit in pews this weekend before they vote.

What the law says about endorsements from the pulpit

The Johnson Amendment is a provision of the tax code, passed in 1954 and named for then-Sen. Lyndon Johnson. It bars tax-exempt groups, including churches, from endorsing or opposing candidates for office 2. The IRS (Internal Revenue Service) has generally not enforced it against houses of worship for election speech 2.

In July 2025, the IRS and several religious plaintiffs jointly asked a federal court in Texas to read the rule narrowly. They said it should be read "so that it does not reach communications from a house of worship to its congregation" 2. Nonprofit law experts told The New York Times that the filing could lead to more political content in churches 2.

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In 2017, President Trump signed an executive order directing the Treasury to disregard the rule. He also said he would "get rid of and totally destroy the Johnson Amendment" 2. Earlier in 2025, Republican lawmakers introduced a bill to repeal it 2. We could not confirm from the sources we read where the court case stands today.

Faith as a campaign fight in Kansas

Adam Hamilton, a Democratic megachurch pastor and former Republican, is running against Republican Sen. Roger Marshall 1. Kansas has not elected a Democrat to the Senate since 1932, and in the context of the 2022 abortion referendum, 70% of Kansas voters identified as Christian, the Christian Science Monitor reported 1. Recent polls show Hamilton with a slight lead 1.

Vice President JD Vance attacked Hamilton's views at a September rally. "That is not Christianity. That is left-wing radicalism dressed in the skin suit of our religion," Vance said 1. Hamilton called the accusations false and "a sign of desperation" 1.

JD Vance
That is not Christianity. That is left-wing radicalism dressed in the skin suit of our religion.
JD Vance, Vice President, Republican1

Marshall's campaign did not respond to the Monitor's requests for comment 1. Kansas GOP chair Danedri Herbert argued that electing Democrats would not help Kansans' finances, and she blamed Democratic spending for inflation 1.

What happens next

Polls close Tuesday, November 3. If pastors do take sides this Sunday, the legal question will be whether the IRS ever acts on it. Under its 2025 filing, the agency has said it should not 2.

Analysis: That matters because a sermon is not an ad. It comes from a trusted voice, in a place where many older Americans expect guidance on morals, not on candidates. Voters of every party can weigh that as they decide. Pastors on both sides have the same legal footing.

The Record

  1. The IRS and religious plaintiffs jointly asked a Texas federal court to read the Johnson Amendment so it does not reach a house of worship's communications to its congregation 2.
  2. The Christian Science Monitor reported that recent polls showed Democratic pastor Adam Hamilton with a slight lead over Sen. Roger Marshall in Kansas 1.

Sources

  1. Christian Science Monitor, “Can Democrats win back Christian voters? In Kansas, Hamilton puts faith up front” (2026-10-18). csmonitor.com/USA/Politics/2026/1018/kansas-senate-hamilton-
  2. CBS News / AP, “IRS says churches whose pastors endorse candidates from pulpit shouldn't lose tax-exempt status” (2025-07-08). cbsnews.com/news/irs-pastors-candidates-pulpit-tax-exempt-st

Found an error? Tell the newsroom. Corrections are noted at the top of the story.

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