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BREAKING: a federal appeals court just upheld the constitutionality of tax-exempt housing allowances for ministers--sparing churches and ministers across the country almost $1 billion per year in new taxes.
This is a HUGE victory for religious freedom. 1/
This is a HUGE victory for religious freedom. 1/
2. The court’s decision is here: s3.amazonaws.com/becketnewsite/….
@BECKETlaw’s press release is here: becketlaw.org/media/court-pr….
@BECKETlaw’s press release is here: becketlaw.org/media/court-pr….
3. Key quote from the court: “Myriad provisions in [the tax code]...allow hundreds of thousands of employees...to receive tax-exempt housing every year.” This “is simply one of many per se rules that provide a tax exemption to employees with work-related housing requirements.”
4. I represented the churches and argued this case in the Seventh Circuit. Here’s why the court got it right:
5. Hundreds of thousands of secular workers get tax-exempt housing from their employer every year--soldiers, diplomats, peace corps workers, prison wardens, non-profit presidents, oil executives, school superintendents, teachers, nurses, fisherman, and many more.
6. The reason for all these exemptions is the idea that, if you’re getting your housing to help you do your job, you’re getting it “for the convenience of the employer”--not for yourself--and it’s not taxed as income. The same rule applies to ministers.
7. Today’s ruling ensures ministers are treated the SAME as hundreds of thousands of secular workers who get tax-exempt housing for their jobs. It also reduces entanglement between church and state.
8. Here's what the court said: without this exemption “The IRS would need to interrogate ministers on the specifics of their worship activities [and] determine which activities constitute ‘worship.’” This is “excessive entanglement” between church and state.
9. The exemption is particularly vital for poor, inner-city houses of worship that are on the front lines caring for their communities. Like @BECKETlaw’s client in this case, Pastor Chris Butler. [Check the video here: ]
10. In sum: If you like separation of church and state, if you like religious freedom, and if you like houses of worship that care for the poor, this is a HUGE victory. fin/
