Churches Secure Legal Victory on Political Expression Case
The Justice Department has backed religious groups in a high-stakes legal battle about whether churches can speak politically without losing their tax-exempt status. This decision came after the agency argued that a lower court judge made a mistake when rejecting a 2025 agreement designed to limit restrictions on church political activity.
In July 2025, the DOJ struck a deal allowing churches to discuss politics with their congregations through normal communication channels. However, a federal judge later ruled this agreement illegal under the Anti-Injunction Act.
The DOJ now concedes most of its position. It acknowledged that Judge Barker overlooked a legal exception where the government cannot win on the merits and where equitable considerations apply. The agreement essentially stopped the IRS from taking actions it already couldn't take anyway. Both the government and the religious defendants ended up on the same team.
Two Republican lawmakers also wrote support letters for the churches. Meanwhile, the religious groups want the Johnson Amendment itself thrown out entirely on constitutional grounds. The case remains complex, showing how legal boundaries around free speech and religious freedom can shift dramatically.
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