Two Texas churches affiliated with the Southern Baptist Convention have joined the National Religious Broadcasters and Intercessors for America in a lawsuit that seeks to do away with any federal limits on politicking by tax-exempt religious nonprofits.
Sand Springs Church in Athens and First Baptist Church in Waskom are plaintiffs in the suit, which claims they are “constrained from speaking freely about political candidates by the Johnson Amendment and by the arbitrary and capricious interpretation and enforcement by the IRS.”
Both churches declined to respond, referring questions to the lead attorney on the suit.
The suit claims that “none of the plaintiffs have heretofore violated the Johnson Amendment, but all have engaged in self-censorship to avoid doing so.” But both NRB and Intercessors for America have been explicit in their support of Donald Trump and other GOP leaders.
Both NRB and Intercessors for America have been explicit in their support of Donald Trump and other GOP leaders.
NRB, which has filed a handful of lawsuits in recent years, hosted the former president and current candidate at its February convention, where Trump told the crowd, “You cannot let people vote for the Democrats.” Trump’s session was sponsored by Heritage Action for America, the political action partner of the Heritage Foundation, which developed Project 2025 to guide an incoming Trump administration.
Intercessors for America, founded in 1973 as a network of prayer warriors, describes itself as “not just a policy and prayer organization but also a revolutionary community of prayer and action for our nation.” In 2020, the ministry supported Trump’s efforts to overturn the results of the 2020 election, writing, “PLEASE do not give up or step down,” and adding, “If you will not back down, neither will we.”
Rob Boston of Americans United for Separation of Church and State called the lawsuit “dangerous” and said it “could upend politics in America.” Boston also said NRB has “misconstrued the parameters of the Johnson Amendment,” which prohibits endorsing candidates but allows discussion of issues.
Both IRS regulations and the Johnson Amendment, which was signed into law in 1954, prohibit tax-exempt nonprofits from endorsing candidates, restricting them to charitable or educational work performed for the public good that is the basis for their exemptions. Enforcement is rare, but the lawsuit claims the plaintiffs’ constitutional rights have been restricted.
“Each plaintiff desires the freedom to discuss political candidates and their fidelity to plaintiffs’ interests and values,” says the suit. “Plaintiffs’ speech has been unconstitutionally chilled by both the Johnson Amendment and its arbitrary interpretation and enforcement.”
The lawsuit cites biblical passages (Hosea 8:4, Deuteronomy 17:14, 2 Timothy 3:16) to argue that “God set forth standards for choosing kings for Israel” and that “the prescriptions of the Old Testament concerning the duty to follow God’s standards in the selection of a political leader are applicable by principle to Christians today.”
“Plaintiffs believe that they have a duty to teach the full counsel of the word of God, and to declare when candidates have deviated from the right or the left of God’s standards,” it adds.
The lawsuit alleges Democratic-leaning nonprofit groups and churches regularly engage in prohibited politicking but have not been prosecuted, including:
- “Many” nonprofit newspapers and news outlets, a claim that was examined by Religion News Service
- National Catholic Reporter, which has published articles critical of Trump
- And “Democratic campaign activity in churches” at Black congregations where President Joe Biden, former President Barack Obama, and candidate Hillary Clinton spoke, including Mount Airy Church of God in Christ in Philadelphia, Mother Emanuel AME Church in Charleston, S.C., Abyssinian Baptist Church in New York City, Ebenezer Baptist Church in Atlanta, 16th Street Baptist Church in Birmingham, Ala., and the Apostolic Church of God in Chicago.
The lead attorney for the suit is Michael Farris, NRB General Counsel, who previously was CEO of the powerhouse conservative Christian legal group Alliance Defending Freedom and before that founded both the Home School Legal Defense Association and Patrick Henry College.
In a statement, NRB argued the plaintiffs’ “speech has been wrongfully silenced under the language known as the Johnson Amendment, which prohibits 501(c)(3) nonprofits from supporting or opposing candidates for public office, including restrictions against comparing the positions of candidates to the positions of the organization.”
Plaintiffs believe the activity described in the preceding paragraphs demonstrates ongoing, open and obvious violations of the Johnson Amendment by churches friendly to Democratic candidates.
During his term as president, Donald Trump pledged to get rid of the Johnson Amendment, something he was unable to do.
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