Judge tosses challenge of ban on church political endorsements

A federal judge in Texas dismissed a lawsuit Tuesday that sought to repeal a tax provision barring churches and charities from endorsing political candidates. J. Campbell Barker, a judge for the U.S. District Court for the Eastern District of Texas, said that the court did not have the authority to decide this matter.

The National Religious Broadcasters group, known as NRB, and two Texas churches brought the lawsuit to challenge the Johnson Amendment, a tax law that blocks the organizations from engaging in any political campaign activity. The groups said they reached a settlement last year with the Trump administration for non-enforcement of the amendment. However, Barker maintained that the court had no authority to approve such a deal. He said he would violate federal laws if he approved the agreement.

Will the ruling be appealed? Michael Farris, general counsel for the NRB, said it and the two churches will now appeal to the 5th U.S. Circuit Court of Appeals. Farris argued the Johnson Amendment has forced the trio to engage in self-censorship, violating their free speech rights. Their religious beliefs compel them to speak on all aspects of life, including political campaigns, he argued. The NRB filed the suit alongside Springs Church in Athens, Texas, and First Baptist Church of Waskom, Texas.

Why did Barker say he had no authority? He said that judges can’t block taxation that has yet to occur under federal law. Ultimately, the lawsuit was not filed in the proper venue. It could have been pursued in other ways, he wrote. For instance, the organizations could have paid taxes and then sued for a refund. They also could have spoken out on a campaign and then disputed the loss of a tax-exempt status caused by a violation of the Johnson Amendment.

Who else has responded to the ruling?

• Ralph Reed, the chairman of the Faith & Freedom Coalition, said the dismissal was an unconstitutional infringement on First Amendment rights. He characterized the Johnson Amendment as a zombie law that needed to meet its end at the hands of a higher court.

• Rachel Laser, president of Americans United for Separation of Church, said the Johnson Amendment should stay in place to stop religious extremists from exploiting houses of worship. The amendment was established to ensure proper church-state separation, she said.

Dig deeper: Read Christina Grube’s report on a high-profile pastor’s plea to repeal the Johnson Amendment.