Government · Nationwide · September 23, 2026
DOJ Backs Churches Seeking Relief From Johnson Amendment Enforcement
The U.S. Department of Justice filed a brief Monday with the 5th U.S. Circuit Court of Appeals supporting the National Religious Broadcasters and other Christian plaintiffs in National Religious Broadcasters et al. v. Bessent, according to the Christian Post. The case concerns whether a federal court can approve an IRS consent agreement not to enforce the Johnson Amendment — the 1954 law barring certain nonprofits from endorsing political candidates — against NRB, Intercessors for America, and two Texas congregations, Sand Springs Church and First Baptist Church Waskom. In March, U.S. District Judge J. Campbell Barker of the Eastern District of Texas ruled he lacked jurisdiction to approve the agreement under the Anti-Injunction Act and Declaratory Judgment Act, even though both the IRS and plaintiffs had consented. The DOJ brief largely agrees with Barker's ruling but argues he overlooked an AIA exception applying when the government has no likelihood of prevailing on the merits. The appeal now proceeds before the 5th Circuit.
Source: Christian Post
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Why Bible-Believing Christians Should Care
This case tests whether churches can speak candidly about candidates and moral issues from the pulpit without risking their tax-exempt status — a restriction many pastors have long viewed as government overreach into church speech. That the DOJ itself now argues procedural law has wrongly blocked relief the IRS already agreed to is notable, but the underlying jurisdictional dispute means the merits of pastoral political speech remain unresolved. Christians should watch this closely: the outcome will shape how freely congregations nationwide can address candidates and elections without fear of losing tax exemption, a matter touching both church liberty and the proper boundary between government and religious institutions.
But Peter and the other apostles answered and said, We ought to obey God rather than men. — Acts 5:29
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Defensively, Christians have to support legal defense organizations that fight strategic cases to establish precedent, building a wall of case law that protects the rights of conscience. This is Counter-Rule 13 operating across institutions rather than individuals.
— Chapter 20, “The Legal Arena”
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