Churches still barred from making political endorsements as federal judge dismisses case
A federal judge in Texas dismissed a lawsuit that sought to overturn the Johnson Amendment, which prohibits tax-exempt nonprofits from endorsing political candidates. The National Religious Broadcasters and other plaintiffs argued that the 1954 law infringes upon First Amendment rights and the Religious Freedom Restoration Act. Although the Trump administration initially supported the plaintiffs and attempted to settle the case, Judge J. Campbell Barker ruled that the court lacked the jurisdiction to approve the proposed consent judgment. The National Religious Broadcasters plans to appeal the dismissal to the 5th Circuit Court of Appeals.
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A federal judge in Texas dismissed a lawsuit on March 31, 2026, challenging the Johnson Amendment.1 2 3
The 1954 law bars 501(c)(3) nonprofits, including churches, from endorsing political candidates to retain tax-exempt status.1 2 3
Filed in August 2024 by National Religious Broadcasters (NRB), two Texas churches, and Intercessors for America.1 2 3
Plaintiffs claimed violations of First Amendment free speech and religion rights, Fifth Amendment vagueness, and Religious Freedom Restoration Act.1 2 3
Biden-era DOJ sought dismissal, but after Trump's January 2025 inauguration, IRS and DOJ supported plaintiffs.1 2 3
On July 7, 2025, parties filed joint motion for consent judgment allowing pulpit endorsements framed as religious/moral teaching without tax risk.1 2 3
U.S. District Judge J. Campbell Barker (Trump appointee) ruled court lacked subject-matter jurisdiction.1 2 3
Cited Tax Anti-Injunction Act and Declaratory Judgment Act, barring orders on tax assessment/collection, including 501(c)(3) status challenges.1 2 3
Dismissed without prejudice; plaintiffs advised to sue post-tax payment or status loss.1 2 3
NRB General Counsel Michael Farris expressed surprise, plans 5th Circuit appeal.1 2 3
Farris noted Trump's citation of settlement as religious freedom win; argued no safe forum without risking violation first.1 2 3
U.S. Conference of Catholic Bishops (USCCB) stated in July 2025 it would not endorse/oppose candidates regardless.1 2 3
Spokesperson Chieko Noguchi: Church aids conscience formation for common good, unchanged by tax rules.1 2 3
Ruling maintains status quo via tax code enforcement.1 2 3
How does the Johnson Amendment reflect Catholic doctrine on political neutrality?
Catholic doctrine emphasizes the Church's active engagement in political life to promote the common good and human dignity, while strictly prohibiting partisanship or endorsement of candidates and parties. This stance aligns with the Johnson Amendment—a U.S. tax code provision (IRC § 501(c)(3)) that bars tax-exempt organizations, including churches, from participating in political campaigns on behalf of or in opposition to candidates—as it codifies a form of political neutrality that mirrors the Church's self-understood limits. However, the provided sources do not explicitly reference the Johnson Amendment; instead, they articulate principles of non-partisanship alongside robust advocacy for religious freedom to address moral issues in the public square.
Catholic social teaching mandates participation in political life as a moral duty rooted in principles like the dignity of the human person, the common good, subsidiarity, and solidarity. The common good is defined as "the sum total of social conditions which allow people... to reach their fulfilment more fully," encompassing the social dimension of moral goods. Catholics, including the institutional Church, are called to work for this good even in pluralistic societies, serving all citizens regardless of faith through acts like education, healthcare, and charity—acts historically viewed as "political" with transformative potential.
The U.S. bishops affirm that "responsible citizenship is a virtue, and participation in political life is a moral obligation," bringing a "consistent moral framework" drawn from reason, Scripture, and Church teaching to assess policies and platforms. Bishops and laity must preach and act so that "all the earthly activities of the faithful will be bathed in the light of the Gospel," without replacing the state but stimulating justice. This engagement is non-negotiable: "The Church cannot and must not remain on the sidelines in the fight for justice."
The Johnson Amendment reflects this by permitting tax-exempt entities to advocate on issues (e.g., life, family, immigration) affecting the common good—precisely what the Church does—while restricting campaign interventions, preventing the partisan capture that could undermine the Church's universal mission.
Central to Catholic doctrine is the Church's non-partisan character: "The Church is involved in the political process but is not partisan. The Church cannot champion any candidate or party. Our cause is the defense of human life and dignity and the protection of the weak and vulnerable." This neutrality avoids aligning with "ideologies of 'right' or 'left,' 'liberal' or 'conservative,' or the platform of any political party," ensuring teachings serve the integral promotion of the human person rather than electoral gains.
The bishops explicitly state they "do not intend to tell Catholics for whom or against whom to vote," focusing instead on forming consciences to evaluate candidates in light of Gospel principles. Lay Catholics bear primary responsibility for political action via well-formed consciences, while the Church illuminates without dictating partisan choices. This doctrinal neutrality prevents the Church from becoming a tool for any faction: "The Church is engaged in the political process but should not be used."
The Johnson Amendment directly echoes this by enforcing tax-exempt neutrality on candidate endorsements, protecting churches from partisan pressures that could compromise their prophetic role. It reflects doctrine by institutionalizing the boundary the Church already observes, safeguarding focus on intrinsic evils (e.g., abortion) over transient politics.
While aligning on non-partisanship, doctrine insists on the "right of individual believers and religious bodies to participate and speak out without government interference, favoritism, or discrimination." Civil law must protect the Church's ability to address public policy "without being forced to abandon or ignore their central moral convictions," enhancing pluralism when faith informs public life. Sources highlight threats like subpoenas chilling bishops' deliberations on public testimony, underscoring expressive association rights under the First Amendment.
The Johnson Amendment, by design, allows issue advocacy (consistent with doctrine's call to "inscribe the divine law in the life of the earthly city") but polices overt partisanship. It reflects Catholic neutrality positively here, as overreach (e.g., restricting moral speech) would violate the Church's right to evangelize integral human promotion. However, enforcement must not infringe on protected speech, as seen in USCCB concerns over related mandates.
Doctrinal neutrality is not absolute silence but "coherent and rests on a comprehensive vision of the dignity of the human person," applied non-selectively. Sources prioritize life issues as foundational to the common good, urging bishops to outline policy directions without partisanship. Proper self-love subordinates to the common good, rejecting "disordered love of singularity" that ignores communal duties.
No source critiques the Johnson Amendment directly, but doctrine's emphasis on autonomy from state control implies wariness of laws coercing silence beyond non-partisanship. It reflects Catholic teaching faithfully by reinforcing institutional non-partisanship, enabling focus on principles over personalities, though vigilant enforcement is needed to preserve issue-based speech.
In summary, the Johnson Amendment reflects Catholic doctrine by enforcing the Church's principled non-partisanship—engagement without endorsement—rooted in service to the common good and human dignity, while doctrine demands safeguards for free moral witness in politics.