[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5853761/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″ placement=”top”]The federal district court for the Western District of Wisconsin recently held that the Tax Code’s housing allowance violates the First Amendment’s Establishment Clause. The decision in Gaylor v. Mnuchin, (W.D. Wis., Oct. 6, 2017), deals with 26 U.S.C. § 107(2). It does not affect the exemption from taxed income based on the value of a church-owned home, traditionally referred to as a parsonage, which is found in 26 U.S.C. § 107(1). Josh explains how the housing-allowance exemption works, why the court concluded it is unconstitutional, and what ministers and religious organizations should look for as the case progresses.
Category: Establishment Clause
“Court Says Tax Code’s Parsonage Allowance Is Unconstitutional”
“Court Says Tax Code’s Parsonage Allowance Is Unconstitutional” Religion Clause reports here on Gaylor v. Mnuchin, (W.D. Wis., Oct. 6, 2017). Freedom From Religion Foundation has a press release here. Here’s an excerpt from the court’s decision: Continue reading ““Court Says Tax Code’s Parsonage Allowance Is Unconstitutional””
Over Dissent, En Banc Rehearing Denied On Mississippi Conscience Protection Act
“Over Dissent, En Banc Rehearing Denied On Mississippi Conscience Protection Act” Religion Clause reports here on Barber v. Bryant, (5th Cir., Sept. 29, 2017).
Book review: “Zelinsky, ‘Taxing the Church'”
Book review: “Zelinsky, ‘Taxing the Church'” Marc O. DeGirolami at Law and Religion Forum has a brief review the upcoming book Taxing the Church: Religion, Exemptions, Entanglement, and the Constitution here. The book will ship on September 27 and is available in hard copy here ($65). The book will be available from Amazon starting December 1 here.
W.D. Pa.: “Fired Pastor’s Contract Suit Dismissed Under Ministerial Exception and Excessive Entanglement Doctrines”
W.D. Pa.: “Fired Pastor’s Contract Suit Dismissed Under Ministerial Exception and Excessive Entanglement Doctrines” Religion Clause reports on Lee v. Sixth Mount Zion Baptist Church of Pittsburg, (WD PA, Aug. 22, 2017), here.
D. Mass.: Challenge to solar farm dismissed for failure to show sacred Indian mounds existed on site
D. Mass.: Challenge to solar farm dismissed for failure to show sacred Indian mounds existed on site. The decision concluded that RLUIPA doesn’t create a right to carry out religious activities on property owned or controlled by another. Continue reading “D. Mass.: Challenge to solar farm dismissed for failure to show sacred Indian mounds existed on site”
1731 Trinity Lutheran Church v. Comer dissent
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5589892/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″]The second part of Josh’s discussion with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer. Dave and Josh talk about the separate opinions by Justice Stephen Breyer, who concurred only in the judgment favoring the church, and Justice Sonia Sotomayor.
Continue reading “1731 Trinity Lutheran Church v. Comer dissent”
1730 Trinity Lutheran Church v. Comer decision
[podcast src=”https://html5-player.libsyn.com/embed/episode/id/5570698/height/90/width/450/theme/custom/autonext/no/thumbnail/yes/autoplay/no/preload/no/no_addthis/no/direction/forward/render-playlist/no/custom-color/c30000/” height=”90″ width=”450″]Josh talks with Dave Roland, the Director of Litigation and cofounder of the Freedom Center of Missouri about the recent U.S. Supreme Court decision Trinity Lutheran Church v. Comer.
Continue reading “1730 Trinity Lutheran Church v. Comer decision”