On November 22nd, a federal judge ruled that the tax exemption which gives clergy tax free housing expenses on their federal taxes is unconstitutional. According to a report from Religious News Service,
U.S. District Court Judge Barbara Crabb ruled on Friday (Nov. 22) in favor of the Freedom From Religion Foundation, saying the exemption violates the establishment clause because it “provides a benefit to religious persons and no one else, even though doing so is not necessary to alleviate a special burden on religious exercise.”
The parsonage allowance remains while the case is to be heard on appeal.
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The court ruled that such an allowance violated the establishment clause...“…if the government were free to grant discriminatory tax exemptions in favor of religion, then it would be free to impose discriminatory taxes against religion as well.”
Critics like to point out the few cases that tend to raise eyebrows typically at mega churches. Most churches wouldn't be able to provide a living wage to their pastors absent this provision in the tax code.
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Churches find themselves repeatedly under attack in today's society. Try to begin a church in Orange County and see how quickly local government shuts you down. Churches don't collect sales tax...which means no room at the inn again. One councilmember in San Juan Capistrano wanted to create a special "church tax" to compensate the city for any potential lost sales tax revenue.
Some churches have watered down their doctrine so as not to offend in hopes of gaining the approval of local government.
My hope is that the parsonage allowance will withstand this most recent challenge. My fear is that sometime in the future the court will reinterpret the law in an unfavorable way to appease those that find a Christ centered church an anathema to their modern sensibilities.
