IRS and churches
by Emmitt Barry, Worthy News Washington D.C. 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 significant moment in the ongoing debate over religious liberty and free expression.
In National Religious Broadcasters et al. v. Scott Bessent et al., U.S. District Judge J. Campbell Barker ruled Tuesday that the court lacked jurisdiction to approve the agreement, citing longstanding federal statutes including the Tax Anti-Injunction Act and the Declaratory Judgment Act.
Religious liberty is foundational to our Constitution, and the freedom to practice one’s faith openly and in community is central to the American story as we will celebrate 250 years of independence as a nation this year.
Under the guidance of @POTUS, the Trump Administration…
— Treasury Secretary Scott Bessent (@SecScottBessent) April 3, 2026
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The case centers on the Johnson Amendment, a 1954 provision that prohibits tax-exempt nonprofit organizations, including churches, from endorsing political candidates. Christian groups have increasingly challenged the law, arguing it places an unconstitutional burden on pastors and ministries seeking to address moral and civic issues from a biblical perspective.
Judge Barker emphasized that even though both the IRS and the plaintiffs supported the agreement, jurisdiction cannot be established by mutual consent. He noted that federal courts are barred from granting relief in matters directly tied to tax enforcement.
The plaintiffs—including National Religious Broadcasters and several churches—had sought to block enforcement of the Johnson Amendment, asserting that it infringes on First Amendment rights. While the IRS had previously indicated it would not penalize churches for certain political expressions, the court declined to formalize that position.
“What the judge said, basically, is the only way for nonprofits to challenge the Johnson Amendment is to get in trouble for violating the Johnson Amendment, and that’s just simply contrary to Supreme Court decisions…”
—@NRBAssociation General Counsel Mike Farris pic.twitter.com/f9lMZLv8ky
— Tony Perkins (@tperkins) April 2, 2026
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Reaction from conservative Christian leaders was swift. Tony Perkins, president of the Family Research Council, criticized the ruling, calling it a missed opportunity to defend 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 side, Rachel Laser of Americans United for Separation of Church and State praised the ruling, arguing it preserves the integrity of nonprofit tax law and prevents 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 reprisal. As the legal battle heads toward appeal, 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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