WASHINGTON — The U.S. Department of Justice is asking a federal appeals court to overturn a lower-court decision in a case challenging restrictions on political endorsements by tax-exempt churches.
The dispute centers on a provision of federal tax law commonly known as the Johnson Amendment. The provision prohibits organizations with 501(c)(3) tax-exempt status, including churches, from participating or intervening in political campaigns on behalf of or in opposition to candidates for public office.
Two Texas churches and the National Religious Broadcasters challenged the restriction and later reached a proposed agreement with the Internal Revenue Service. The agreement would limit enforcement of the Johnson Amendment against certain communications by churches to their congregations.
In March 2026, U.S. District Judge J. Campbell Barker dismissed the case, concluding that the court lacked jurisdiction to approve the requested relief.
Justice Department lawyers filed a brief with the U.S. Court of Appeals for the Fifth Circuit on September 21 asking the appeals court to reverse that decision.
The government argues that applying the Johnson Amendment to the narrow category of church speech covered by the proposed agreement would conflict with the church autonomy doctrine, a constitutional principle limiting government involvement in certain internal religious matters.
The case is part of a broader debate over the relationship between religious expression, political activity and the requirements attached to federal tax-exempt status.
For churches across the United States, the appeals court's consideration could help clarify how existing federal restrictions apply when pastors and religious leaders discuss political candidates with their congregations.
Reference:
religionnews/2026/09/24/doj-asks-the-appeals-court-to-allow-churches-to-endorse-candidates/
