President Donald Trump’s efforts to demolish the separation between church and state took a hit Tuesday, when a federal judge maintained a constitutionally backed ban on pastors endorsing political candidates.
U.S. District Judge J. Campbell Barker, a Trump appointee, dismissed a lawsuit in which conservative evangelicals sought to overturn a ban on endorsements of political candidates by tax-exempt entities, such as churches and charities. The ban, known as the Johnson Amendment, was first introduced in 1954 by Lyndon B. Johnson, then a senator.
The lawsuit dates back to Joe Biden’s administration, which moved to dismiss it toward the end of his term. Trump’s administration revived the case last year and announced a controversial settlement in which it agreed not to enforce the Johnson Amendment against churches.
To be clear, there’s no evidence this is a particularly salient argument even among Christians. In fact, public statements and polling data suggest broad majorities of various faiths oppose lifting the ban on politicking by religious institutions, as progressive Christian activist Guthrie Graves-Fitzsimmons highlighted in an op-ed for MS NOW. But Trump has aligned himself with Christians hellbent on ending the constitutionally required separation of church and state.
The Texas Tribune reported that Barker determined he did not have the authority to rule in this matter:
But District Judge Cam Barker ruled that he did not have the authority to approve the proposed consent judgement. He cited federal laws that prevent judges from blocking taxation that hasn’t yet occurred; plaintiffs typically must pay the taxes they want to challenge, and then sue for a refund.
Barker, a Trump appointee who previously served as Texas’ deputy solicitor general, rejected the argument that these restrictions did not apply because both sides had agreed to the judgement.
Relief enjoining the Johnson Amendment’s enforcement or declaring that it does not apply to specific conduct would thus directly bear on the amount of tax that could be collected. … Put differently, if the plaintiffs here gave up their § 501(c)(3) tax-exempt status, none of the harms they allege could occur.
A lawyer for the plaintiffs told The New York Times that they intend to file an appeal, saying: “You’re entitled to challenge the law without violating it.” The Times also highlighted the palpable eagerness some pro-Trump Christians have to see the Johnson Amendment — and its protections against creeping theocracy — obliterated.
The report quoted conservative evangelical leader Tony Perkins and noted that Barker’s ruling had put his plans to “mobilize thousands of pastors for potential endorsements ahead of the midterm elections” on hold. Perkins, who leads the archconservative Family Research Council, told the Times he’s “very optimistic” about an appeal before the 5th U.S. Circuit Court of Appeals, which has repeatedly delivered decisions enabling MAGA power grabs.
Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.