Judge Declines to Approve Trump Administration Settlement to Let Churches Endorse Political Candidates
NEWS & RESEARCH
A Trump-appointed federal court judge in Texas dismissed a lawsuit that would have overturned a 70-year-old ban on political activity by churches. The decision followed an agreement by the Trump administration to settle the case by allowing churches to endorse political candidates from the pulpit without losing their tax-exempt status as a non-profit organization. The judge did not reach the merits of the case, ruling that the religious plaintiffs failed to follow the proper procedures in bringing a tax-related lawsuit.
ANALYSIS & OPINION
Judge Barker’s ruling surprised conservative Christian groups. The “Johnson Amendment,” which bars campaigning by churches and charities, was introduced in 1954 by then-Sen. Lyndon Johnson. In recent years, the IRS loosened enforcement, and it became common for political candidates to campaign in churches. The plaintiffs plan to appeal, arguing that the ban on endorsing or opposing candidates under IRS Section 501(c)(3) violates their First Amendment rights. Supporters of the ruling say it is consistent with the separation of church and state embedded in the Frist Amendment.
SOURCES: New York Times | Ruling | IRS Statement
HOW TO FIX IT
Federal action:
Support calls for the Treasury Office of Inspector General to investigate whether Treasury Secretary Scott Bessent colluded with the National Religious Broadcasters to help them end the Johnson Amendment.
Support calls for Secretary Scott Bessent to testify before Congress under oath.
Oppose the “Free Speech Fairness Act” (S. 1205/H.R. 2501), which would effectively repeal the Johnson Amendment.
