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In the weeks leading up to the 2020 presidential election, Pastor John Hagee from San Antonio’s Cornerstone Church issued a warning to his 19,000-member congregation about potential threats if the wrong individuals were elected. He painted a grim picture of a future where law enforcement would be non-existent, and a socialist mob would ravage homes, cities, businesses, and places of worship. Hagee’s sentiments are echoed by many influential religious leaders in Texas who actively engage in political discussions without fear of repercussions.

Under the Johnson Amendment, churches and non-profit organizations are prohibited from participating in political campaigns. However, the enforcement of these regulations has been weak, leading many churches to push the boundaries of acceptable political involvement. Eric McDaniel, a government professor at the University of Texas at Austin, notes that churches are increasingly challenging these restrictions, especially since they believe they are politically untouchable.

Former President Donald Trump’s pledge to eliminate the Johnson Amendment further emboldened churches to engage in political activities. A 2022 investigation revealed that numerous churches, including many in Texas, violated the law during the 2020 elections and 2022 midterms. While federal law does allow for nonpartisan voter education and voter registration drives, churches must tread carefully to avoid crossing legal boundaries.

The idea of the separation of church and state, while not explicitly outlined in the U.S. Constitution, is rooted in the First Amendment. This principle aims to prevent the establishment of a state-sanctioned religion and ensure that neither the church nor the state dictates terms to the other. The founding fathers’ aversion to a state-endorsed religion, akin to the Church of England, influenced their stance on this issue.

Despite concerns over churches engaging in partisan politics, the government has been reluctant to crack down on violators due to potential backlash. While churches may be technically violating the law, their perceived immunity from consequences makes them challenging targets for enforcement actions. The evolving landscape of church involvement in politics raises questions about the delicate balance between religious freedom and political influence in the United States.