Defenders of the Johnson Amendment hope to block a proposed legal settlement that would allow churches to make partisan statements during worship services.,Defenders of the Johnson Amendment hope to block a proposed legal settlement that would allow churches to make partisan statements during worship services.
2 months ago
A federal judge has ruled that Americans United for Separation of Church and State cannot intervene in a legal case concerning the Johnson Amendment.1
This decision limits the advocacy group's ability to participate directly in the proceedings.1
The Johnson Amendment, enacted in 1954, prohibits tax-exempt organizations, including churches, from endorsing or opposing political candidates to maintain their nonprofit status.1
The case likely involves challenges to this longstanding restriction on political activity by religious and charitable groups.1
Americans United, a prominent defender of church-state separation, sought to intervene but was denied, potentially streamlining the case for other parties.1
This ruling may influence future efforts by similar groups to join litigation on tax-exempt political speech.1
Evaluate Catholic Church's authority to intervene in Johnson Amendment
The Catholic Church maintains a principled distinction between its spiritual mission and the temporal order, respecting the autonomy of the state while reserving the right to intervene when laws threaten fundamental human rights, religious freedom, or the Gospel's influence on society. Regarding the Johnson Amendment—a provision of the U.S. Internal Revenue Code that prohibits tax-exempt organizations, including churches, from endorsing or opposing political candidates—the Church possesses authority to critique and challenge it insofar as it impacts religious liberty and the Church's ability to fulfill its moral teaching role. This authority stems from longstanding doctrine emphasizing non-partisanship alongside vigilant defense of rights, with the hierarchy guiding consciences and laity acting in the political sphere.
Catholic social teaching consistently affirms the mutual independence of the Church and political community. As articulated in the Compendium of the Social Doctrine of the Church, the Church and state operate in "proper spheres," with the Church organized for spiritual needs and the state for the temporal common good. The Second Vatican Council, referenced therein, underscores that neither should usurp the other's domain: the Church lacks competence in political structures or programs unless they bear religious or moral implications. Similarly, Pope Benedict XVI, in reflections on Deus Caritas Est, stresses the Church's respect for the "legitimate autonomy" of the political order, refraining from direct intervention in its concrete determinations.
Pope Pius XI echoes this in Ubi Arcano Dei Consilio, stating the Church does not desire to meddle in "purely civil affairs" without just cause, yet the state must not use laws to injure superior ecclesiastical rights or violate God's authority over society. This balance protects both entities: the state avoids theocracy, while the Church safeguards its mission.
The Church explicitly avoids partisanship. Documents from the U.S. Conference of Catholic Bishops (Forming Consciences for Faithful Citizenship) repeatedly declare: "The Church is involved in the political process but is not partisan. The Church cannot champion any candidate or party." It welcomes dialogue with leaders but rejects being used for photo ops or ideological ends. Pope John Paul II affirmed the Church has "no political ambitions," focusing on heart conversion rather than societal models, while encouraging lay responsibility.
This non-partisan stance aligns with Pope Leo XIII's Sapientiae Christianae, which prohibits Catholics from supporting those hostile to the Church but urges backing worthy leaders for the common good—without the Church itself entering electoral battles. The Compendium clarifies that the Church's Magisterium instructs consciences on moral truths like justice and life, without wielding political power or dictating opinions on contingent issues. Thus, direct endorsement of candidates falls outside the Church's purview, mirroring the very restrictions the Johnson Amendment imposes.
Despite these limits, the Church holds clear authority to "pass moral judgments even in matters related to politics" when "fundamental rights of man or the salvation of souls requires it," using Gospel-aligned means. This is rooted in Gaudium et Spes (GS 76 §5), cited in the Catechism. The USCCB emphasizes the Church cannot "remain on the sidelines in the fight for justice," quoting Deus Caritas Est: it forms consciences for political life without replacing the state.
Pope Leo XIII mandates the Church to resist state actions counter to religion and ensure the Gospel pervades laws and institutions, especially supporting leaders aligned with Church-state harmony. In practice, U.S. Catholic bishops' conferences actively engage in public advocacy, testifying on policy while protecting internal deliberations from subpoenas that chill religious speech—a concern directly analogous to Johnson Amendment challenges. These conferences, including amici like the USCCB, defend First Amendment rights for expressive religious associations to speak robustly on public issues without governmental distortion.
The Johnson Amendment intersects here: by penalizing candidate-related speech, it risks chilling moral teachings on issues like abortion or marriage, where the Church must instruct without partisan taint. Bishops' documents call for politics focused on "moral principles" over polls, defending human dignity—a framework applicable to reforming speech restrictions on religious entities.
Clergy and laity share distinct duties. Bishops teach moral principles, guide on public decisions' ethical dimensions, and avoid endorsing candidates. Lay faithful bear the "direct duty" for just societal ordering, animated by "social charity." In Faithful Citizenship, participation is a "moral obligation" rooted in baptism, urging Catholics to transform parties rather than conform to them.
For the Johnson Amendment, laity might lead repeal efforts, while the hierarchy critiques its moral implications for religious freedom—consistent with protecting Church advocacy without partisanship. This avoids totalitarianism, where states absolutize power by privatizing religion.
The Catholic Church lacks authority for partisan intervention but possesses robust warrant to challenge the Johnson Amendment as a threat to religious liberty, moral voice, and Gospel permeation of society. Grounded in autonomy doctrines, it forms consciences, defends rights, and spurs lay action—prioritizing human dignity over electoral favoritism. Recent USCCB guidance reinforces this non-ideological, principled engagement. Catholics are thus equipped to pursue reforms safeguarding the Church's public witness.