Federal Judge Blocks Trump Administration’s Effort To Let Churches Make Political Endorsements

The Trump Administration’s effort to open the door for churches to make political endorsements has been put on hold after a federal judge rejected a settlement that would have relaxed the prohibition for houses of worship. Last summer, the IRS said in a court filing that churches could endorse political candidates without losing their tax-exempt status, if the statement was made in a worship service as a matter of faith. The filing came as part of an effort by the IRS to settle a lawsuit from the National Religious Broadcasters and two Texas churches that argued the 70-year-old Johnson Amendment — the portion of the tax code that has prohibited churches and other tax-exempt nonprofits from making political endorsements — violates the First Amendment. However, on Tuesday, a federal judge appointed by President Trump, Campbell Barker, rejected the settlement deal and dismissed the lawsuit.Judge Barker said he did not have the authority to block taxation that has not occurred and noted that plaintiffs typically have to pay taxes and then sue for a refund. He wrote that if the plaintiffs wanted to avoid being penalized for making a political endorsement, they could give up their tax-exempt status and “none of the harms they allege could occur.” Even if the organizations did not give up their tax-exempt status, he said, it is “not obvious that the government will ever assess an income tax against plaintiffs or impose any other tax consequence under the Johnson Amendment.”In a statement, the general counsel for the National Religious Broadcasters, Michael Farris, said the plaintiffs “have no other forum to challenge the free speech restrictions imposed by the Johnson Amendment’s limitation on the right of nonprofits to speak about candidates, unless they first violate the law and then become subject to IRS enforcement action.”“No person should be forced to place themselves in legal jeopardy to protect their constitutional rights,” he added.Mr. Farris said the plaintiffs will appeal the decision to the United States Court of Appeals for the Fifth Circuit.Since the start of Mr. Trump’s second term, district courts have regularly blocked his policies. However, those decisions have often been overturned on appeal. A group that opposed the settlement, Americans United for Separation of Church and State, celebrated the decision. The president of Americans United, Rachel Laser, said, “We’re glad that the Johnson Amendment will remain a strong bulwark.”“Tax-free giving to charities should fund charitable work, not partisan politics. The proposed settlement agreement to exempt only houses of worship and not secular nonprofits would have been unfair and a violation of church-state separation,” she said. The federal government has rarely enforced the Johnson Amendment in its 70 years of existence. Only one church has lost its tax-exempt status, the Church at Pierce Creek. The IRS revoked its tax-exempt status in 1992 after the church paid for full-page newspaper advertisements opposing President Clinton’s candidacy. Still, conservative activists have long sought to eliminate the Johnson Amendment as they say the IRS has launched investigations into churches for alleged violations, which have been costly.Critics of the Johnson Amendment argue that it forces pastors to self-censor and infringes on their First Amendment rights. In his first term, Mr. Trump promised to “get rid of and totally destroy the Johnson Amendment and allow our representatives of faith to speak freely and without fear of retribution.”

Federal Judge Blocks Trump Administration’s Effort To Let Churches Make Political Endorsements

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