Case: Freedom From Religion Foundation v. Trump
3:17-cv-00330 | U.S. District Court for the Western District of Wisconsin
Filed Date: May 4, 2017
Closed Date: 2017
Clearinghouse coding complete
Case Summary
On May 4, 2017, a nonprofit created "to educate the public on matters of nontheism" (the Freedom From Religion Foundation, FFRF) filed this lawsuit against the U.S. federal government in the U.S. District Court for the Western District of Wisconsin. The case was assigned to District Judge James D. Peterson. The plaintiff, represented by private counsel, alleged that Donald Trump’s “religious liberty” executive order unfairly allowed religious non-profit organizations to engage in political campaigning and retain their tax-exempt status but did not promise the same for non-religious non-profit organizations. As a non-religious organization with 501(c)3 status, the FFRF argued that Trump violated its equal protection rights and the Establishment Clause of the First Amendment. Because the Johnson Amendment forbids any 501(c)3 organization from participating in political campaigns, the plaintiff argued that Trump was selectively enforcing the Johnson Amendment in violation of the Take Care Clause of the Constitution. The plaintiff sought declaratory and injunctive relief.
On June 29, 2017, a small group of Christian religious leaders sought to intervene as defendants. The FFRF did not oppose the intervention, but the government did, expressing that that it would be more appropriate for the religious leaders to participate by submitting amicus briefs in support of the executive order.
On August 22, the government moved to dismiss the case. It alleged that FFRF had misunderstood the purpose of the executive order, that the executive order did not exempt religious organizations from the restrictions on political activity applicable to all tax-exempt organizations. The government alleged that the executive order merely served as an instruction for the IRS not to unfairly target religious organizations. Although the court had not ruled on their motion to intervene, the religious leaders also filed a motion to dismiss on the same day.
The FFRF did not respond to the motions to dismiss. Eight days later, it declared victory on its website and through a press release because the court documents submitted by the government had stated that the executive order did not stop enforcement of the Johnson Amendment or give special privileges to religious organizations. These official court documents directly conflicted with the statements by President Trump that had motivated the plaintiff's complaint.
On September 19, 2017, the FFRF filed an amended complaint that included allegations against the proposed intervening religious leaders. On November 9, 2017, both the government and the group of religious leaders filed motions to dismiss this amended complaint.
The court never ruled on the religious leaders’ motions to intervene or any of the motions to dismiss. The FFRF voluntarily dismissed the case on December 13, 2017. The case is closed.
Summary Authors
Rebecca Strauss (5/25/2018)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6082701/parties/freedom-from-religion-foundation-inc-v-trump-donald/
Anderson, Jeffrey M (South Carolina)
Bachi, Daniel M. (Wisconsin)
Barghaan, Dennis Carl (Wisconsin)
Bell, Charles Herbert (Wisconsin)
Belsan, Timothy Michael (Wisconsin)
Anderson, Jeffrey M (South Carolina)
Barghaan, Dennis Carl (Wisconsin)
Bell, Charles Herbert (Wisconsin)
Belsan, Timothy Michael (Wisconsin)
Benson, Daniel Dunkley (Wisconsin)
Borrello, Robert John (Wisconsin)
Brinkman, Andrew C (Wisconsin)
Brody, Michael Timothy (Wisconsin)
Carilli, Joseph F. (Wisconsin)
Folinsky, Marni Beth (Wisconsin)
Gerardi, Michael J (Wisconsin)
Henson-DOJ, Angie L (Wisconsin)
Hollis, Christopher W. (Wisconsin)
Kopplin, Rebecca M. (Wisconsin)
LA-CV, Assistant 2241-194 (Wisconsin)
LeBoff, Michael S. (Wisconsin)
Luh, James C. (District of Columbia)
Marenberg, Steven A (Wisconsin)
Murphy, Lindsay M. (Wisconsin)
Oswald, Craig Arthur (Wisconsin)
Readler, Chad Andrew (District of Columbia)
Rollins, Thomas G. (Wisconsin)
Russomanno, Herman Joseph (Wisconsin)
Schwei, Daniel Stephen (Wisconsin)
Shumate, Brett (District of Columbia)
Steinsapir, Jonathan P (Wisconsin)
Ward, Brian Christopher (Wisconsin)
Weinstein, Fred David (Wisconsin)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/6082701/freedom-from-religion-foundation-inc-v-trump-donald/
Last updated Aug. 23, 2026, 4:28 a.m.
Docket for: Freedom From Religion Foundation, Inc. v. Trump, Donald
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 1.0: Challenges to the Government
Key Dates
Filing Date: May 4, 2017
Closing Date: 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Freedom From Religion Foundation, a nonprofit educational charity that works to keep religion and government separate
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Federal
United States of America
Facility Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Other Dockets:
Western District of Wisconsin 3:17-cv-00330
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Source of Relief:
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Case Summary of Freedom From Religion Foundation v. Trump, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15761/ (last updated 5/25/2018).