{"id":4753,"date":"2026-04-01T00:23:11","date_gmt":"2026-04-01T00:23:11","guid":{"rendered":"https:\/\/gunowner-news.com\/?p=4753"},"modified":"2026-04-01T00:23:11","modified_gmt":"2026-04-01T00:23:11","slug":"judge-dismisses-lawsuit-that-challenged-ban-on-endorsements-by-churches","status":"publish","type":"post","link":"https:\/\/gunowner-news.com\/?p=4753","title":{"rendered":"Judge Dismisses Lawsuit That Challenged Ban on Endorsements by Churches"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div data-testid=\"companionColumn-0\">\n<div class=\"css-53u6y8\">\n<p class=\"css-ac37hb evys1bk0\">A federal judge in Texas on Tuesday dismissed a lawsuit seeking to overturn the 70-year-old ban on political activity by churches, abruptly ending a case that conservative Christian groups had hoped could free pastors to endorse candidates from the pulpit.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Last summer, those groups seemed close to a long-sought victory. The Trump administration agreed to settle the case, and <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2025\/07\/07\/us\/politics\/irs-churches-politics-endorse-candidates.html\" title=\"\">said in court papers<\/a> that the ban should not apply to endorsements made during religious services. That seemed to allow churches a way to make political statements without risking their tax-exempt status.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The government asked Judge J. Campbell Barker, an appointee of President Trump, to approve that settlement and support its arguments in favor of a loophole.<\/p>\n<p class=\"css-ac37hb evys1bk0\">But instead, Judge Barker <a class=\"css-yywogo\" href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.txed.232590\/gov.uscourts.txed.232590.106.0.pdf\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">dismissed<\/a> the entire case on technical grounds, finding that the plaintiffs had not followed the right procedures for bringing a tax-related suit. A lawyer for the plaintiffs said they would appeal.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-1\">\n<div class=\"css-53u6y8\">\n<p class=\"css-ac37hb evys1bk0\">Tuesday\u2019s ruling left significant uncertainty about how \u2014 or whether \u2014 the Trump administration would enforce the ban on politicking by churches now.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The administration has not repudiated its statement from last summer arguing in favor of a loophole. But the Internal Revenue Service, which polices tax-exempt groups, still <a class=\"css-yywogo\" href=\"https:\/\/www.irs.gov\/newsroom\/charities-churches-and-politics\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">warns on its website<\/a> that churches must stay out of politics.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The I.R.S. did not respond to questions about the ruling on Tuesday.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The head of the Family Research Council, a conservative group that has worked to challenge the law for years, expressed disappointment in the ruling.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cJudge J. Campbell Barker has, regrettably, sidestepped an opportunity, on the 250th anniversary of our nation, to correct a wrong that strikes at the very heart of American freedom,\u201d Tony Perkins, the group\u2019s president, wrote in a social media post on Tuesday evening.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Previously, the group had planned to mobilize thousands of pastors for potential endorsements ahead of the midterm elections, but those efforts were now on hold, Mr. Perkins said in an interview. He said he was \u201cvery optimistic\u201d about an appeal before the U.S. Court of Appeals for the Fifth Circuit.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-2\">\n<div class=\"css-53u6y8\">\n<p class=\"css-ac37hb evys1bk0\">Americans United for the Separation of Church and State, which has sought to keep the ban in place, praised the dismissal of the lawsuit as \u201ca victory for church-state separation and the integrity of charitable organizations and elections.\u201d<\/p>\n<div>\n<div><span title=\"ScoopHelper edit storyline button\" class=\"styln-edit-storyline css-1ukzkg8\" data-storyline-uri=\"nyt:\/\/storyline\/2de31dda-2258-4e5d-9dcf-8b8f41f783c3\" data-storyline-inline-module-name=\"live updates\"\/><\/p>\n<div role=\"complementary\" aria-labelledby=\"storyline-latest-updates\" class=\"css-ya6f0r\">\n<div class=\"css-8atqhb\">\n<div class=\"css-1rqamrr\"><time class=\"css-101kej7\" datetime=\"2026-03-31T21:41:27.719Z\"><span>Updated<!-- -->\u00a0<\/span><\/p>\n<p><span aria-hidden=\"true\" data-time=\"abs\" class=\"css-1stvlmo\">March 31, 2026, 5:41 p.m. ET<\/span><span data-time=\"rel\" class=\"css-kpxlkr\"\/><\/p>\n<p><\/time><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<p class=\"css-ac37hb evys1bk0\">The proposed settlement \u201cwould have been unhealthy for our democracy because it would allow churches to become unaccountable political action committees,\u201d said Rachel Laser, the group\u2019s president.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The law that bars campaigning by churches and charities is called the Johnson Amendment. It was introduced in 1954 by Senator Lyndon B. Johnson, a Texas Democrat who would later become vice president and president.<\/p>\n<p class=\"css-ac37hb evys1bk0\">In recent years, the I.R.S. appeared to enforce the rule loosely, and it became common for Democratic and Republican candidates to campaign in church. Still, conservative groups sought to repeal it entirely, seeing the ban\u2019s existence as an unconstitutional limit on freedom of speech and freedom of religion.<\/p>\n<p class=\"css-ac37hb evys1bk0\">The Texas lawsuit was part of that effort. In 2024, Sand Springs Church in Athens, Texas, and the First Baptist Church of Waskom, Texas, filed suit against the I.R.S. along with two religious nonprofits: National Religious Broadcasters and Intercessors for America.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-3\">\n<div class=\"css-53u6y8\">\n<p class=\"css-ac37hb evys1bk0\">They said that they had not yet endorsed candidates from the pulpit but wanted to. They asked Judge Barker to pre-emptively tell the I.R.S. that it could not stop them. The goal, Christian groups said, was to get the case in front of the conservative Fifth Circuit Court of Appeals, then to the Supreme Court.<\/p>\n<p class=\"css-ac37hb evys1bk0\">After the Trump administration agreed to settle the case, the two sides asked Judge Barker to approve their settlement. But Judge Barker said in his ruling that the case was doomed from the start.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Under an 1867 law, he said, taxpayers cannot challenge a tax before they pay it. Because the plaintiffs in this case had not actually paid any tax penalties, Judge Barker said, the suit had to be dismissed.<\/p>\n<p class=\"css-ac37hb evys1bk0\">\u201cA refund suit could be brought if a tax were ultimately collected,\u201d he wrote.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Michael Farris, an attorney for National Religious Broadcasters, said the plaintiffs would appeal the decision. \u201cYou\u2019re entitled to challenge the law without violating it,\u201d he said.<\/p>\n<p class=\"css-ac37hb evys1bk0\">Since July, when the I.R.S. seemed to reinterpret the ban on endorsements from houses of worship, religious leaders have largely continued to refrain, waiting to see the outcome of the ruling. But there have been a few exceptions.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div data-testid=\"companionColumn-4\">\n<div class=\"css-53u6y8\">\n<p class=\"css-ac37hb evys1bk0\">Weeks before the mayoral election in New York in November, Rabbi Elliot Cosgrove of Park Avenue Synagogue <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2025\/10\/22\/nyregion\/mamdani-rabbis-letter-israel.html\" title=\"\">gave a sermon urging opposition to Zohran Mamdani<\/a>, then the Democratic candidate, saying he was a \u201cdanger to the security of the New York Jewish community.\u201d<\/p>\n<p class=\"css-ac37hb evys1bk0\">Last August, a pastor in Kenosha, Wis., the Rev. Jonathan Barker, wrote a sermon urging Representative Alexandria Ocasio-Cortez, Democrat of New York, to run for president in 2028.<\/p>\n<p class=\"css-ac37hb evys1bk0\">But his church\u2019s denomination, the Evangelical Lutheran Church in America, pushed back, citing its opposition to such endorsements. <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2025\/08\/19\/us\/politics\/church-endorsements-irs-kenosha.html\" title=\"\">Mr. Barker resigned and delivered his message<\/a> in an event space instead.<\/p>\n<p class=\"css-1n7yjps etfikam0\">Seamus Hughes<!-- --> contributed reporting.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.nytimes.com\/2026\/03\/31\/us\/politics\/judge-johnson-amendment-settlement.html\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal judge in Texas on Tuesday dismissed a lawsuit seeking to overturn the 70-year-old ban on political activity by churches, abruptly ending a case that conservative Christian groups had hoped could free pastors to endorse candidates from the pulpit. Last summer, those groups seemed close to a long-sought victory. The Trump administration agreed to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":4754,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":["post-4753","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-political-news"],"_links":{"self":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/4753","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4753"}],"version-history":[{"count":0,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/4753\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/media\/4754"}],"wp:attachment":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}