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Tax Rules vs. Church Talk: A Legal Showdown

USAThursday, July 16, 2026
Two members of Congress, both Republicans, are pushing a federal appeals court to revisit an old law that stops churches and other tax‑free groups from getting involved in politics. The bill, known as the Johnson Amendment, was created back in 1954 and says that if a church or similar organization wants to keep its tax‑exempt status, it must stay away from political campaigns. The two lawmakers argue that the law is unconstitutional and that it gives the government too much control over what a church can say. The congressmen filed an amicus brief in the U. S. Court of Appeals for the Fifth Circuit, asking the judges to lift a previous decision that upheld the amendment. They claim that if the government can decide who gets to speak for a church, it shouldn’t use tax rules to enforce that decision. The brief also points out that the law could silence churches from speaking up on important social issues, and that it creates a loophole where other organizations can still influence politics.
Opponents of the law say that it is essential to keep faith‑based groups from becoming political machines. They argue that allowing churches to endorse candidates or run campaign ads would blur the line between religion and government. Supporters of the amendment say that it protects the integrity of churches by keeping them focused on spiritual and charitable work. The case highlights a long‑standing debate over whether the government should be able to limit religious organizations’ political speech. It also raises questions about freedom of expression and the role of tax policy in regulating politics.

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