Preserving Trust: Why Nonpartisan Nonprofits are Essential to Maryland’s Justice Ecosystem
In the pursuit of equal access to justice, the law is only one part of the equation. For many Marylanders, the bridge to justice is built by nonprofit organizations.
Whether it is a legal aid clinic helping a tenant avoid an unlawful eviction, a domestic violence shelter providing a safe haven and legal advocacy for a survivor, or a community group helping a returning citizen navigate the barriers of reentry, nonprofits are key to increasing access to justice in Maryland.
As Carmen C. Marshall, Interim President & CEO of Maryland Nonprofits, recently highlighted, the effectiveness of these organizations requires a foundation of trust. However, a long-standing protection that ensures the trustworthiness of nonprofits, the “Johnson Amendment,” is increasingly under threat.
The Firewall Between Charity and Partisanship
For over 70 years, federal law has maintained a clear boundary: charitable organizations and houses of worship must remain nonpartisan, meaning they cannot endorse or oppose candidates for public office.
From an access to justice perspective, this firewall is critical. When a person in crisis seeks help, they need to know that the assistance they receive is based on their need and the law, not their political affiliation. If nonprofits are pulled into partisan politics, there is a great risk of decreased client trust, as vulnerable individuals may hesitate to seek help from an organization they perceive as a political actor. Further, this shift could lead to the politicization of resources, where charitable funds intended for essential community services are diverted or influenced by political agendas. Ultimately, we risk losing the neutral ground that nonprofits provide for community healing and dispute resolution, as partisanship inevitably dismantles that neutrality.
Maryland’s Proactive Solution: SB4 and HB514
To address the risk that federal protections will be weakened or eliminated, Maryland leaders are taking action. Senate Bill 4 (sponsored by Senator Cheryl Kagan and Senate President Bill Ferguson) and House Bill 514 (sponsored by Delegate Sandy Rosenberg) incorporate existing federal nonpartisan standards into Maryland law. If enacted, these bills would not impose new obligations on nonprofits but would ensure that even if federal enforcement disappears, Maryland’s nonprofit sector remains a nonpartisan sanctuary for the public good.
As Marshall noted, “keeping charities nonpartisan does not silence their voices…nonprofits remain free to educate the public, advocate for policies aligned with their missions, and engage in civic life.”
Why This Matters for the Civil Legal Aid Community
Access to justice depends on a healthy, independent civil society. We rely on nonprofit partners to provide the holistic support, housing, health care, and social services that legal intervention alone cannot solve.
By supporting the nonpartisan integrity of Maryland’s 41,000 nonprofits, we are protecting the very infrastructure that makes “justice for all” possible. We must ensure that these organizations remain focused on their missions: serving the people of Maryland, not the interests of a campaign.