Justice Department Defended Religious Political Speech Pact
The DOJ asked an appeals court to uphold an agreement allowing churches to address politics.
Updated on Sept. 22, 2026 in Law
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Should religious organizations be allowed to participate in political campaigns and keep their tax-exempt status?
The Department of Justice filed a brief with the US Court of Appeals for the Fifth Circuit seeking to reverse a lower court ruling that struck down a 2025 agreement. This pact permits religious groups to discuss political matters during services through customary channels.
Why it matters
The case centers on whether the Johnson Amendment, which limits the political involvement of tax-exempt entities, can be enforced against churches given the church autonomy doctrine. It addresses whether civil courts have the authority to adjudicate ecclesiastical matters.
The filing, documented under case No. 26-40237, challenges a ruling by Judge J. Campbell Barker that previously invalidated the government agreement based on the Anti-Injunction Act. The case remains active as appellants seek a ruling on the amendment's constitutionality.
The players
Department of Justice
This is the executive branch agency responsible for enforcing federal law and representing the United States in court.
J. Campbell Barker
He is a United States District Judge for the Eastern District of Texas who presided over the initial challenge.
Alliance Defending Freedom
This is a conservative legal organization that advocates for religious liberty and traditional values in the judicial system.
The details
The DOJ argues that the Anti-Injunction Act does not apply in this instance because the government lacks a likelihood of success on the merits. Attorneys from the Alliance Defending Freedom and Citizens for Self-Governance represent the religious organizations seeking to declare the Johnson Amendment unconstitutional.
Timeline
The Johnson Amendment was originally enacted in the 1950s.
A government agreement with religious groups was established in July 2025.
Judge J. Campbell Barker invalidated that agreement later in 2025.
The Justice Department filed its latest brief on Sept. 21, 2026.
Political Context
Opponents of the religious groups argue that the Johnson Amendment is a necessary safeguard to keep tax-exempt organizations from becoming political arms. Critics of the DOJ position warn that this could lead to the commingling of religious tax-exempt funds with partisan campaign efforts.
The outcome of this case may define whether religious institutions can legally engage in political advocacy without jeopardizing their tax-exempt status. It could eventually impact the role that local houses of worship play in political campaigns and public discourse.
The takeaway
This case highlights the enduring tension between tax law and constitutional protections for religious organizations. Readers should monitor how courts balance ecclesiastical autonomy with federal requirements for non-profit entities.
Further reading
For more information on ongoing litigation, visit our Law section.
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Should religious organizations be allowed to participate in political campaigns and keep their tax-exempt status?
