Pastors from First Baptist Dallas told the Religious Liberty Commission that the Johnson Amendment, which prevents nonprofit organizations from making political endorsements, is unconstitutional and prevents churches from having the true right to free speech.
Testimony from First Baptist Senior Pastor Robert Jeffress came Wednesday at a hearing at Old Parkland in Oak Lawn. The commission also heard testimony from members of the military and from chaplains who detailed over several hours the ways they see religious liberty as being under attack in America.
The Religious Liberty Commission was formed in May through an executive order from President Donald Trump. Among its members are Texas Lt. Gov. Dan Patrick, neurosurgeon and former Trump cabinet member Dr. Ben Carson, television personality Phil McGraw, better known as Dr. Phil and the Rev. Franklin Graham, an evangelist and author.
Wednesday’s hearing was the fourth held since the commission’s inception, and drew many state representatives and member of the media to the underground debate chamber at Old Parkland.
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During his testimony, Jeffress detailed efforts by the Internal Revenue Service to remove First Baptist’s tax exempt status after the church hosted then-Vice President Mike Pence and Carson, then a member of Trump’s cabinet, at a service in June 2020.
Dan Patrick speaks during The Religious Liberty Commission at Old Parkland’s Debate Chamber in Dallas, Texas, on Dec 10, 2025.
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Jeffress said the two were hosted at a “celebrate freedom” service meant to celebrate America’s “Christian heritage,” and that Pence and Carson shared their faith journeys with congregants. Jeffress said eleven months later, the IRS informed him of an inquiry into the church because of the service.
Under the Johnson Amendment, which was introduced in 1954 by then-U.S. Sen. Lyndon B. Johnson of Texas, nonprofit organizations including churches are prohibited from making political endorsements. Violations of this could lead an organization to lose its tax-exempt status.
Jeffress said his church does not make political endorsements and did not do so at the June 2020 service. Instead, he said the church encourages congregants to vote with “biblical conviction.”
Jeffress said while First Baptist was ultimately cleared, the inquiry cost the church hundreds of thousands of dollars in legal fees.
“Although our church could afford to spend hundreds of thousands of dollars defending ourselves, most churches could not do that, and no church should have to do that,” Jeffress said. “The government has absolutely no business determining what is proper and improper speech in the worship service of any church.”
Ben Lovvorn, senior executive pastor of First Baptist, also testified at the hearing and said the Johnson Amendment was intended for nonprofit organizations, not churches, but because of how it has been enforced, the amendment silences churches and threatens the right to free speech.
“The Johnson Amendment is unconstitutional on its face, and it’s unconstitutional as applied,” Lovvorn said.
Lovvorn also said the amendment has been used to target churches supporting conservative values and candidates, but not churches supporting liberal values and candidates.
Lovvorn said First Baptist supports a repeal of the Johnson Amendment, and encouraged a challenging of the amendment in court.
Jeffress said polls show many pastors do not want to endorse candidates and congregations do not want to see their pastors endorse candidates.
“That’s very clear,” he said. “But that’s not the issue here. The issue is not whether they should, but whether they can.”
Others giving testimony were members of the military, including the Navy and Marines, who said they were discriminated against for refusing to take a COVID-19 vaccines for religious reasons and several military chaplains who spoke on the importance of having religious chaplains available to service members.
Additionally, an Austin-area pastor testified and said he was fired from his position as chaplain of the Austin Fire Department after he posted online about trans athletes in women’s sports, and a woman who spoke about efforts to keep a nativity scene at the Nolan County courthouse amid efforts to remove it.
Patrick said the commission was hearing testimony in order to produce a report on religious liberty to give to Trump. The report’s scope includes current threats to religious freedom and the foundations of religious freedom in America, as well as developing a plan to preserve protections for religious liberty.