Before America had a Constitution, it had pulpits.

Pulpits that taught citizens how to think about authority, duty, and the proper limits of government. The ministers later associated with the “Black Robed Regiment” understood that biblical truth must step through the church door. They addressed public questions because they believed theology had consequences for all of life and that pastors had a responsibility not to comfort congregations but to form their biblical worldview.

Critics often accuse pastors of turning biblical issues into political ones. In many cases, the sequence runs the other way.

For most of American history, pastors did not need permission from the state to speak about the moral and political questions confronting their people. They preached about slavery, war, temperance, elections, public officials, religious liberty, and national repentance because they understood the pulpit to be accountable first to God.

Restoring an old right

The modern expectation that pastors should carefully separate biblical teaching from anything deemed “political” would have been foreign to much of the American church that helped shape this country.

That context is important because the fight over the Johnson Amendment is often framed as though churches are seeking some new political privilege. We are not asking the government to give pastors a new right, but to stop restricting an old one.

The origins of the Johnson Amendment are revealing. In 1954, Sen. Lyndon B. Johnson was facing a primary challenge from Dudley Dougherty, a wealthy young Texas politician whose fierce anti-communism appealed to supporters of Sen. Joseph McCarthy.

Dougherty was hardly a formidable opponent — Johnson defeated him by more than 40 points in the Democratic primary — but he had sympathizers in powerful conservative organizations, including the Committee for Constitutional Government and Facts Forum, a media operation established by Texas oil billionaire H.L. Hunt.

Johnson was particularly concerned about the Committee for Constitutional Government, which had circulated material promoting Dougherty. He asked his staff to investigate whether its activities violated election laws or threatened its federal tax exemption. The answer on the latter question was apparently no.

Johnson was undeterred. Having investigated whether existing law could be used against his political opponents, he now proposed changing the law itself. That July he introduced an amendment to the federal tax code barring tax-exempt charitable organizations from participating in political campaigns. It passed without debate. Churches, which had played no part in Johnson's dispute, were covered by the new restriction.

Freeing the pulpit

There was no sweeping national debate about churches corrupting elections. There were no extensive hearings over whether the American pulpit had become dangerously partisan. Johnson claimed to be confronting communist nonprofit organizations, but churches had become a source of political opposition. The law was written broadly enough, encompassing churches; they were heavily affected by its enforcement and soon began receiving letters from the IRS. The restriction ultimately extended far beyond Johnson's immediate political dispute, reaching into the pulpits of American churches for generations.

Today, the Johnson Amendment prohibits 501(c)(3) nonprofit organizations, including churches, from supporting or opposing candidates in political campaigns.

This restriction is at the center of the legal challenge by National Religious Broadcasters. Churches remain free to address public policy issues, including controversial ones, but pastors face restrictions when their speech crosses into supporting or opposing a political candidate. NRB seeks to protect the freedom of churches and their pastors to speak from the pulpit without jeopardizing their tax-exempt status.

The broader concern is what decades of uncertainty, legal caution, and fear of enforcement have produced inside churches themselves: a deep-seated culture of self-censorship.

'Political' ... or biblical?

Critics often accuse pastors of turning biblical issues into political ones. In many cases, the sequence runs the other way. Politicians took questions involving abortion, marriage, sexuality, race, religious liberty, and justice and turned them into partisan battlegrounds.

These were biblical questions long before they were campaign issues.

Politics does not acquire ownership of a moral question merely because politicians begin arguing about it. Scripture had something to say about marriage, government, money, justice, and human dignity long before there were Republicans, Democrats, campaign platforms, or federal agencies. The church does not surrender those subjects when they appear on a ballot.

Perhaps pastors will stop being accused of bringing politics into the pulpit when politicians stop dragging biblical questions into politics.

That does not mean churches should become campaign headquarters. They should not. The pulpit should never become an appendage of either the Republican or Democratic parties. Biblical authority is diminished whenever Scripture is bent to serve political power.

But there is an opposite error: treating “nonpartisanship” as a reason for silence whenever Scripture touches a politically controversial subject.

A pastor should be free to preach biblical truth without compromise and apply it to the real-world questions confronting his congregation. If Scripture challenges the left on abortion, sexuality, family, or religious liberty, he should say so. If it challenges the right, he should say that too. The standard is not partisan usefulness. It is biblical fidelity.

That is why NRB entered the legal challenge to the Johnson Amendment.

The district court dismissed our case on jurisdictional grounds rather than reaching the merits of the constitutional claims. The case is now on appeal. NRB will continue fighting because the government should not stand between a pastor and his responsibility before God.

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Courage required

But the legal fight only reaches so far.

The First Amendment can protect a pastor’s freedom. It cannot produce courage. A court can remove a restraint, but it cannot make a church recover confidence in the authority of Scripture. NRB can fight for the freedom of the pulpit. Pastors must decide whether they will use it.

That question grows more urgent because Christians are being formed every day by institutions that have no hesitation about preaching their own worldview. Social media, universities, corporations, entertainment, political movements, and influencers constantly catechize Americans about morality.

When churches avoid the same subjects because they have become politically controversial, they do not create neutrality. They simply leave the work of formation to everyone else.

America does not need a more partisan pulpit. It does need a freer and more courageous one.

We are fighting to restore an old right: that of pastors to open the Bible, preach the whole counsel of God, and speak to the life of the nation without first asking the government for permission.