A legal fight over what pastors can say from the pulpit is heading to a federal appeals court. The case centers around the Johnson Amendment, a law that critics say limits free speech in churches.
The National Religious Broadcasters, Intercessors for America, and two Texas churches are challenging the amendment, which bars tax-exempt nonprofit organizations, including churches, from endorsing or opposing political candidates.
Last year, those groups and the IRS proposed a settlement to protect pastors and church leaders from IRS penalties for speaking to their congregations about candidates and elections in the context of ministry and from biblical perspectives.
In March, however, a federal judge in Texas rejected that agreement and dismissed the case, saying the court did not have the legal authority to approve it under federal tax law.
Now the fight moves to the Fifth Circuit Court of Appeals.
The Justice Department wants the lower court ruling reversed, citing constitutional concerns.
Johnson Amendment supporters say it keeps churches from becoming political campaign platforms while opponents counter that it silences biblical teaching on issues that shape how people vote.
Last June, Dr. Ben Carson, the Vice-Chairman of President Trump’s Religious Liberty Commission, voiced his opposition.
“Protect religious Americans from government-led litigation targeting their free exercise. Repeal the Johnson amendment,” Dr. Carson said.
The case is proving to be an important test of free speech, religious liberty, and the role of churches in public life.
