Churches Appeal Johnson Amendment Case Ahead of 2026 Midterms
Religious organizations filed an appeal in July 2026 after a federal judge dismissed their lawsuit challenging the Johnson Amendment, the 1954 tax law that bars churches from endorsing political candidates. The appeal comes months before the midterm elections, leaving congregations uncertain about the limits of their political speech.
Religious organizations challenging the Johnson Amendment filed a formal appeal on July 7, 2026, after a federal judge dismissed their case in March.
The lawsuit was brought in 2024 by the National Religious Broadcasters, Intercessors for America, and two Texas churches. They argued the 1954 tax provision violates First Amendment rights by barring 501(c)(3) organizations from endorsing political candidates.
In 2025, the IRS and plaintiffs reached a proposed settlement that would have allowed churches to make political endorsements framed as "family discussions." But Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas threw out the case in March 2026, ruling that courts cannot override tax law through a consent agreement.
The plaintiffs say the dismissal left them in a state of "silence they sued to end." Their appeal arrives just months before the November midterm elections.
The Trump administration has signaled support for protecting religious speech but had not issued formal guidance on the Johnson Amendment as of late July 2026.
Opponents of the lawsuit, including Americans United for Separation of Church and State, warn that overturning the amendment could turn churches into political action committees and open the door to dark money in elections.
Public support for churches endorsing candidates has grown from 13 percent in 2008 to 29 percent in 2024, according to survey data, but a majority of Americans still oppose the practice.
The Johnson Amendment remains in full effect while the appeal proceeds.
