A federal judge in Texas has ruled that Americans United for Separation of Church and State cannot intervene in a Johnson Amendment lawsuit challenging restrictions on churches’ political speech. The group had sought to defend the IRS rule, which bars tax-exempt nonprofits from endorsing political candidates. But U.S. District Judge J. Campbell Barker said the case was not the right venue for their arguments. The judge did note, however, that Americans United could bring a separate legal challenge if it believes it faces unequal treatment under the law compared to religious nonprofits.
IRS Signals Shift, Critics Warn of Unequal Treatment
The lawsuit, filed in 2024 by two Texas churches and two Christian nonprofits, argues that prohibiting political speech during sermons is unconstitutional. In a surprising move, the IRS responded by stating that the Johnson Amendment does not apply to religious speech during services. The agency proposed a settlement affirming this interpretation. Critics, including Americans United, argue this gives religious nonprofits privileges denied to secular ones and sidesteps congressional authority.
Fears Mount Over Political Donations Through Churches
Opponents of the settlement warn it could lead to a surge in untraceable partisan funding. Although the agreement does not allow campaign contributions, it permits political speech through “customary channels of communication,” such as livestreamed or archived sermons. Legal experts argue this could be exploited to influence elections. The Campaign Legal Center warned that sermons could effectively function as political ads, especially when broadcast online. Critics also fear increased pressure on churches to participate in campaigns and a decline in public trust in religious institutions.
Plaintiffs Insist Protections Remain Intact
Plaintiffs say the settlement only protects religious speech during worship services and does not alter other Johnson Amendment provisions, such as bans on direct campaign donations. In court filings, they emphasized that all nonprofits — religious or secular — must still comply with the law in other contexts.
Public Opinion and Legal Precedent Remain Opposed
Most Americans disapprove of political endorsements during services. A 2022 Pew survey found that 77% oppose such statements in worship. Historically, IRS enforcement has been rare. Only one church has lost tax-exempt status for political activity. If the settlement proceeds, Americans United says it may pursue political endorsement rights for itself and other secular groups to ensure equal treatment.
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Judge rules Americans United can’t intervene in Johnson Amendment case
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