Atheists Now After Ministers' Housing Allowances

By Pacific Justice Institute , Defending Rights - October 23, 2009

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Sacramento, CA – Sacramento-based Pacific Justice Institute is filing court papers this week to intervene in a federal lawsuit filed Friday by well-known atheist Michael Newdow. The lawsuit challenges long-standing federal and state tax exemptions for housing allowances provided by churches and religious institutions to members of the clergy.

PJI is currently facing off with Newdow in two other lawsuits, both in the federal courts of appeal. In one case, he is asking the Ninth Circuit Court of Appeals to order that the national motto, "In God We Trust," be stricken from our nation's coins. In a second lawsuit defended by PJI, Newdow is asking the D.C. Circuit Court of Appeals to have prayers and the phrase "So help me God" at presidential inaugurations declared unconstitutional. Newdow is also behind a long-running lawsuit against recitation of the Pledge of Allegiance.

In the new case, Newdow represents the Freedom From Religion Foundation and several of its members. They are claiming that provisions of federal and state law that have for decades permitted tax-exempt housing allowances for ministers are unconstitutional. For most churches, a housing allowance has taken the place of providing a home or parsonage to augment pastors' often meager salaries.Pacific Justice Institute is assembling a broad, diverse coalition of local ministers who would be directly affected if the Court rules in favor of the plaintiffs. PJI expects to file a motion to intervene on Wednesday.

Brad Dacus, president of Pacific Justice Institute, commented, "Just in time for Halloween, radical anti-religionists are unleashing their favorite scare tactic: a federal lawsuit, this time directly attacking ministers. It is unfortunate that these chronic litigants fail to see the invaluable community services provided by members of the clergy. Ministers of many faiths are dependent on the housing allowance to supplement their meager salaries. We will not stand by and let anti-religious ghouls threaten yet another American tradition."
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OPINION:Atheists Now After Ministers' Housing Allowances

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  • Kayaker
    Which community

    "the invaluable community services provided by members of the clergy"

    That might be true if a clergy's definition of "community" included ALL citizens, but it doesn't. Therefore, why should taxpayers subsidize their narrow definition of flock?

    - KayakerUS October 23, 2009 2:46PM

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    • FROG
      What Church Do You Go To?

      The majority of people who come to our church door for food or money to pay the electric bill aren't members of our church, although I know our preacher and deacons do try to council them. And those homeless people who spend the night out of the elements in the church sponsored "Room at the Inn" don't belong to any congregation. If your church only helps their own parishioners then I agree, they are not helping the community AND they are not doing the will of the biblical God or even what Buddah taught. But when someone asks our church to help a co-worker or pray for a friend, I don't ask which church they belong to, I just do it.

      - FROGUS November 12, 2009 12:58PM

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      • Kayaker
        Good for you

        But you must admit that there are churches who refuse to help gays , atheists , Muslims , Jews, pagans, etc. that don't subscribe to their brand of theism.

        As an example, yesterday Catholic Charities announced that they would abandon contracts to provide homeless and health care services in Washington, if DC legalizes same-sex marriage .

        - KayakerUS November 13, 2009 7:26AM

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  • FROG
    Let the Churches Pull Out of Community Service

    Few churches in this country do not have some sort of community service. If all the churches in America pulled the plug on their community service projects, this country would drown in everything from the "down on their luck" to the "drain on society ". The majority of clergy make very little pay and work long hours. They should be allowed what benefits the tax laws allow. I would rather my tax dollar cover what the clergy and the church doesn't pay than cover Wanda Welfare or even bailout executive bonuses.

    - FROGUS October 23, 2009 3:57PM

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    • aveteran
      Where's my bailout?

      I work long hours for meager pay , where's MY tax-exempt housing allowance? At least I'm contributing something to society instead of promoting willful ignorance.

      - aveteranUS October 24, 2009 9:06AM

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      • FROG
        Poverty Level?

        I am so sorry to hear that you make an average of $12k - $15k a year working an average of 10 hours a day. That's what most of the preachers in my community average. The majority of preaches and those we support in other countries live on salaries below the poverty level. Fanatics? Some may think so. And what some call "willful ignorance" others call "life-long faith". If by contributing to society you mean spending hours with lonely shut-ins, holding the hand of dying acquaintances and comforting those who are suffering family tragedies (like divorce) then I applaud you. And even if you are just raking a neighbors yard, or working once a week at a soup kitchen then good for you, I wish everyone were as conscientious. But if you're not doing something for someone in need at least once a week ( not just throwing money at them) then you're not really contributing to society, are you? Just simply easing your conscious. Think about it, it's only my opinion and I admit I am often wrong. Have a great day.

        - FROGUS November 12, 2009 12:49PM

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    • Submariner
      Who the hell

      is Wanda Welfare?

      I agree, though, let the Churches pull out of community service. It makes the math easier to show how only corporate tax sheltering and other wealth patting itself on the back are the majority of charitable funds in the US.

      Religious profiteering should be extinguished, if not taxed to the hilt. Sincerely non-profit clergy will hopefully garner enough support from their flocks to cover their taxes , or not. Rather democratic, actually, to stop this subsidy.

      - Submariner November 4, 2009 4:38PM

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  • Submariner
    Athiests against Socialism!

    How is this selective tax shelter (or any selective tax shelter) not the same as welfare for poor people?

    Except that many of the clergy are not poor (and certainly not of the corporations for the other tax breaks).

    So these are not conducive with seperation, and they are socialist measures.

    Go non-believers for a free-market!

    - Submariner October 23, 2009 4:00PM

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    • FROG
      Who Deserves a Break?

      Please don't form an opinion of the clergy based on the TV preachers or those "Mega- church " clergymen. Yes many are not poor, (what are we talking about 20%, maybe) some are even corrupt, but that's like saying everyone in the US is a millionaire because 20% of it's citizens are millionaires. The difference between true clergymen and those who succor from entitlement is that most clergymen dedicate and sacrifice their lives to help others, believers and non-believers. But I think I am talking to someone who has no clue how much the average church does for the community.

      - FROGUS November 12, 2009 1:10PM

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      • Submariner
        I deserve one

        I don't think my wording or "many of the clergy are not poor" really suggests that they are all rich, or even all vampires.

        I form my opinion based on the centuries of peddling claims for which they have no evidence, or even a track record of effective application, and it's a nondiscriminate distate.

        Regardless, subsidizing these institutions is socialism, so my joke is still funny, dry as it may be.

        - Submariner November 12, 2009 2:36PM

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  • SolarSanitizer
    If only churches would kill babies...

    Then there would be no controversy with tax sheltering. It would suddenly be a case of vital public service.

    Of course, the atheists would have to forget about the real community services churches provide. Like soup kitchens, clothing drives, homeless shelters, even micro-grants.

    "God Damn those awful churches!"

    - SolarSanitizerUS October 23, 2009 4:29PM

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    • MrBook
      interfering

      How is taxing preachers / ministers going to interfere with a churches charitable work?

      Should others who work in charity have tax free housing allowances?

      And why aren't Rabbis, Imans, or Wiccan Priestesses included in this law ?

      - MrBookUS October 23, 2009 7:32PM

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  • MrBook
    the issue

    I fail to see the issue here. Why do ministers need this but others involved in charitable organizations do no?

    This law clearly preferences a particular religion (Christianity) and is thus a violation of Church / State separation.

    - MrBookUS October 23, 2009 7:37PM

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    • Don Earl
      I agree

      Shamans of various cults typically make VERY good salaries. Equal protection under the law and all that. You and I would have to pay tax on this kind of compensation, regardless of whatever "meager" wages we may make, so why shouldn't everyone?

      - Don EarlUS October 24, 2009 4:02AM

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  • FmrTxMn
    Now the time is ripe!

    There is good reason why IRC 107 should not stand in its present form and as presently administered. If it should survive, the public debate should at least result in an overhaul to curb the abuses (e.g., million dollar residences bought with tax free monies, basketball ministers at private schools being allowed to claim tax free income , etc., etc.).


    - FmrTxMnUS October 26, 2009 2:07PM

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