By emmitt barryWorthy News Washington DC Bureau Chief
(Worthy News) – A federal judge in Texas has rejected a proposed agreement between the Internal Revenue Service (IRS) and several Christian ministries that would have limited enforcement of restrictions on political speech from the pulpit – marking a key moment in the ongoing debate over religious liberty and free expression.
in national religious broadcasters and others. v. Scott Besant et al., U.S. District Judge J. Campbell Barker ruled Tuesday that the court lacks jurisdiction to approve the settlement, citing long-standing federal statutes including the Anti-Tax Injunction Act and the Declaratory Judgment Act.
The case focuses on the Johnson Amendment, a 1954 provision that prevents tax-exempt nonprofit organizations, including churches, from endorsing political candidates. Christian groups have increasingly challenged the law, arguing that it places an unconstitutional burden on pastors and ministries seeking to address moral and civil issues from a Biblical perspective.
Judge Barker emphasized that even if both the IRS and the plaintiffs supported the agreement, jurisdiction could not be established by mutual consent. He said federal courts are barred from granting relief in cases directly related to tax enforcement.
The plaintiffs—including national religious broadcasters and several churches—had sought to block enforcement of the Johnson Amendment, saying it violates First Amendment rights. While the IRS had previously indicated that it would not penalize churches for certain political expressions, the Court declined to formalize that position.
The reaction from conservative Christian leaders was intense. Tony Perkins, president of the Family Research Council, criticized the decision, calling it a missed opportunity to protect religious freedom during a milestone year in American history. He confirmed that the plaintiffs intend to appeal the decision to the Fifth Circuit.
On the other hand, Rachel Lazar of Americans United for Separation of Church and State praised the decision, arguing that it preserves the integrity of nonprofit tax law and prevents the politicization of religious institutions.
For many faith leaders, the case highlights a deeper concern: whether churches can speak freely on issues of national importance without fear of government retribution. As the legal battle heads toward appeals, it is likely to remain a defining issue at the intersection of faith, law, and the future of free speech in America.
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