The Department of Justice is attempting to overturn a Texas court dismissal of a case in which the IRS and four non-profit plaintiffs (two of which are churches) attempted to enter an agreement that would maintain their tax-exempt status while allowing them to endorse political candidates. This would be in direct violation of The Johnson Amendment, a US tax code provision that ensures non-profits cannot endorse or oppose campaign efforts without losing their tax-exempt status. The Johnson Amendment ensures untaxed and unreported funding for candidates cannot be funneled through religious organizations.  The DOJ is trying to quietly circumnavigate these restrictions.

The Bullet Points:

• The 1954 Johnson Amendment prohibits non-profits from endorsing political candidates without relinquishing their tax-exemption status, therefore protecting transparency in campaign funding and maintaining the separation of church and state in elections at every level.

• This is the Trump Administration’s latest effort in eliminating barriers to unreported/untaxed spending from far-right organizations and Christian conservatives in elections. If successful, it will set a national precedent for churches and religious non-profits across the nation to funnel campaign funding through their organizations with impunity while maintaining tax-exempt status.

• Signing this petition signals national support for The Johnson Amendment and maintaining the separation of church and state while indicating to judicial authorities that we are paying attention to their handling of constitutional law and tax code in the face of this administration’s attempts to dismantle both. 

The Dirty Details:

On Monday, September 21st 2026, The Department of Justice filed a brief with the US Court of Appeals in an effort to overturn a federal judge's ruling earlier this year that blocked a deal letting tax-exempt churches and houses of worship endorse political candidates from the pulpit. If successful, this appeal would open the door to a broader erosion of separation of church and state, creating channels of unreported political funding and taxpayer-subsidized campaign spending with zero transparency and zero repercussions. 

We cannot let happen.

The Background: In 1954, the US Tax Code incorporated the Johnson Amendment, a provision that prohibits all 501(c)(3) non-profit organizations from endorsing or opposing political candidates at the risk of losing their tax-exempt status. In August 2024, the National Religious Broadcasters and two Texas churches sued the IRS, claiming the Johnson Amendment violated their rights to freedom of speech and exercise of religion. Rather than fighting the lawsuit and defending the Amendment, the IRS attempted to enter into a proposed consent judgment in which they would not enforce the code to its full effect for the plaintiffs. This consent was dismissed by the Eastern District of Texas in March 2026, ensuring the plaintiffs could not express political endorsements without losing their tax-exempt status and therefore protecting the Johnson Amendment.

But now, the Department of Justice is attempting to contest that dismissal and reopen the matter and we need vocal support of The Johnson Amendment and the protection of separation of church and state.

Why this is important: If non-profits and churches are free to endorse candidates while maintaining tax-exemption, it could open the door for politicians to funnel virtually unlimited and unreported funds through churches under the guise of donations in an effort to hide campaign spending and sway voters. Because churches aren't required to file public tax returns, that money would be hard to trace. The churches in turn can amass vast amounts of untaxed profits in exchange for supporting and/or opposing specific campaigns and candidates. The Trump administration has actively sought to limit the reaches of The Johnson Amendment as early as 2017 and as recently as February 2026, where he falsely stated he’d already eliminated the act entirely and churches can “say anything you want.” While The Amendment currently remains in full-effect, this appeal from the Department of Justice is another quiet attempt to eliminate transparency in elections at every level and tap into far-right religious conservative funding without accountability. If successful, it will set a national precedent for more non-profit religious organizations across the country to violate The Johnson Amendment without threat of losing their tax-exempt status.

What you can do: By collectively voicing an overwhelming support of the long-standing Johnson Amendment, we can demand the courts maintain the integrity of the constitutionally protected separation of church and state from this administration’s efforts to further erode trust and transparency in elections. Signing this petition not only collectively presents to the courts an overwhelming support for maintaining separation of church and state and upholding the dismissal of the case earlier this year, but it also serves to bolster interest from secular non-profits in advocacy for the protection of constitutional rights to keep religion out of political campaigns. 

Contribute your voice. Share this petition. Protect transparency in elections. Protect separation of church and state.