Home
/
RELIGION & LIBERTY ONLINE
/
Why do pastors receive a tax exemption for housing?
Why do pastors receive a tax exemption for housing?
Jan 3, 2025 6:48 PM

A federal court of appeals recently upheld the constitutionality of the ministerial housing allowance. The Seventh Circuit Court of Appeals in Chicago ruled unanimously that the sixty-five year old tax provision does not violate the First Amendment clause that prohibits government establishment of religion. The decision reversed a federal judge’s 2017 opinion that invalidated the allowance as a violation of the establishment clause.

The court ruled the housing allowance is constitutional under two of the U.S. Supreme Court’s church-state precedents. The allowance, the judges said, “falls into the play between the joints of the Free Exercise Clause and the Establishment Clause: manded by the former, nor proscribed by the latter.”

Aside from the question of constitutionality, the clergy exemption raises a question that many people—whether religious or not—are likely to be wondering: Why exactly do ministers receive a tax exemption for their housing allowance?

To answer the question we must first consider how taxation of church property, including clergy housing, has historically been considered.

Since at least the time when Joseph served in Pharaoh’s Egypt, religious property has been exempt from certain forms of taxation. (Genesis 47:26) The practice continued in the Roman Empire and through medieval Europe and was part of mon law, which America adopted from England. mon law granted tax exemptions to established churches and, through the equity law tradition, to all churches. From the 15th century to the 19th century, most pastors lived in the parsonage, a house provided by the church. Housing was thus a form of non-cash payment that was exempt from taxation since the parsonage was church property.

By the early twentieth century, though, both clergy housing and taxation had changed considerably. So in 1921, Congress passed the Revenue Act, which exempted from the gross e of ministers the rental value of any “dwelling house and appurtenances thereof” provided by a church as a part of pensation. This parsonage exemption, however, applied only to ministers who lived on property owned by their church and disadvantaged ministers whose churches provided a housing allowance rather than a church-owned parsonage. In 1954, Congress amended the tax code to allow ministers to exempt a portion of their e to the extent used by the minister for housing. According to the Senate Report, the purpose of this addition was to eliminate the disparity in the tax code between ministers who lived in a church-owned parsonage and those who were given a stipend with which to secure housing.

The clergy, of course, are not the only ones to receive such an exemption. Congress included several categories of tax-free housing allowances to demonstrate a willingness to give tax breaks to classes of taxpayers who have little choice about their personal living space, such as members of the military, members of the Peace Corps, members of the Foreign Service, etc. As Peter J. Reilly explains,

Whether the employer provides a cash allowance or a home, each benefit serves the same purpose; that is, often the employer’s needs affect the living space needs of its employees. Many times, these classes of employees frequently relocate, thus preventing them from settling down and hindering long term close friendships. Further, the employers frequently require them to use their homes to conduct employer business. Additionally, the employee’s place of service may not be desirable. These employees must reside where their employer requires and must frequently use their residence for employer business. Some employees sacrifice amenities that most citizens take for granted, such as long term stability in one locale and privacy.

The constitutionality of the parsonage exemption would be difficult to challenge since it has been encoded in statutory law for over almost a hundred years. That is why critics of clergy exemptions have focused on the housing allowance.

The obvious counter might appear to be for churches to simply buy a parsonage and directly provide housing for their ministers. But this ignores the fact there may be theological reasons based on church polity for not providing a parsonage. As Justin Butterfield, Hiram Sasser, and Reed Smith explain in an article for The Texas Review of Law and Politics, a “congregation’s choice to offer a housing allowance rather than allow the minister to live in a church-owned dwelling is not one of mere accounting or convenience, but rather one rich with theological and ecclesiastical underpinnings.”

The parsonage exemption, for instance, provides a preference for institutional churches whose ecclesiastical properties are owned by a central governing body (e.g., Roman Catholic). Smaller, independent, local churches often have less money to provide a parsonage. It also presents a bias in favor of wealthy, established churches over younger congregations and church startups. For instance, how could a congregation that can’t even afford a church building afford to buy a parsonage?

Because of this reality, the courts cannot allow the parsonage exemption and exclude the housing exemption without showing preference for certain religious groups over others.

Both the parsonage and pastor housing exemption are part of a legal tradition that serve to prevent the entanglement of the state in ecclesiological concerns. That’s an ideal even atheists should support.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Goodbye, steeple. Goodbye, people.
We might need an update to the children’s rhyme: “Here is the church, / here is the steeple, / open the doors, / and see all the people.” Before I got wrapped up in ongoing conversations here, there, and seemingly everywhere about the nation’s budget, I noted that the ripple effects from the economic downturn were beginning to hit churches in a serious way. Christianity Today passes along a piece that speaks to a much more particular phenomenon: the decline...
Men Seeking Absolute Power
David Lohmeyer turned up this excellent clip from the original Star Trek series: Kirk opens the clip by referencing the Nazi “leader principle” (das Führerprinzip). Soon after Hitler’s election as chancellor in 1933, the German theologian Dietrich Bonhoeffer gave a (partial) radio address and later lectured publicly on the topic of the “leader principle” and its meaning for the younger generation. These texts are important for a number of reasons, not least of which is that pares the office of...
Christian Unity and the Russian Orthodox Church
The miraculous post-Soviet revival of the Russian Orthodox Church, all but destroyed by the end of the Stalinist purges in the 1930s, is one of the great stories of 21st Century Christianity. This revival is now focused on the restoration of church life that saw its great institutions and spiritual treasures — churches, monasteries, seminaries, libraries — more or less obliterated by an aggressively atheist regime. Many of the Church’s best and brightest monks, clergy and theologians were martyred, imprisoned...
Acton on Tap: A Christian Economist Clarifies Fair Trade
The Acton Institute will be hosting another thought provoking and discussion orientated Acton on Tap on Tuesday, May 17. The event will begin at 6:30pm at the Derby Station (2237 Wealthy St. SE, East Grand Rapids 49506). Leading the discussion will be Victor Claar, who is a professor of Economics at Henderson State University. The Acton on Tap with Professor Claar is titled “Clarifying the Question of Fair Trade: A Christian Economist’s Perspective.” Claar will bring a unique perspective of...
Film Spanks U.N. Treaty on the Rights of the Child
There’s a free screening of a documentary critiquing the U.N. Convention on the Rights of the Child this Friday evening at 7 p.m. at Grandville Church of Christ–3725 44th St. SW. The film makes the case that parental rights have already been dangerously eroded in the United States and would be further eroded if Congress ratified the U.N. treaty. The screening is sponsored by the area chapter of Generation Joshua and is open to the public. More against the treaty...
Hardships of Ethanol
Everywhere we look we are facing rising prices. We find them at the gas pumps and now we see them at our supermarkets. Food prices are climbing, and just like gas prices, they are having broadly felt adverse effects on Americans. The Wall Street Journal sat down with C. Larry Pope, the CEO of Smithfield Foods Inc., the world’s largest pork processor and hog producer by volume, to discuss the rising food prices and how they are affecting his business....
The Welfare State and the Moral High Ground
Writing in the Sacramento Bee, Margaret A. Bengs cites Rev. Robert A. Sirico’s Heritage Foundation essay “The Moral Basis for Economic Liberty” in her column on munities and government budget battles. As a priest, Sirico has met many entrepreneurs “who are disenfranchised and alienated from their churches,” with often little understanding by church leaders of the “vocation called entrepreneurship, of what it requires in the way of personal sacrifice, and of what it contributes to society.” This lack of understanding,...
Rising Food Prices and Regulation
In an article appearing on EWTN News, Acton Director of Research, Samuel Gregg, is interviewed on rising food prices and the effect on the developing world. In this article, Dr. Gregg contributed to a broad discussion on the many factors contributing to the rising food prices. He advocates for a free market economy in agriculture by discussing the effects agricultural subsides in Europe and the United State, and how these market distortions contribute to stifling the growth of agriculture in...
The Belgic Confession and Political Justice
Much of the discussions I’ve been involved in over recent months that have focused on the federal budget have involved some basic assumptions about what the Christian view of government is. Sometimes these assumptions have been explicitly conflicting. Other times the assumptions have been shown as the result of mitments about what Scripture says. This is, for instance, one of the points that came up right at the conclusion of the panel discussion about intergenerational justice at AEI a few...
Samuel Gregg: Benedict XVI in ‘No One’s Shadow’
In a special report, the American Spectator has published Acton Research Director Samuel Gregg’s new article on the “civilizational agenda” of Pope Benedict XVI. Special thanks also to RealClearReligion for linking the Gregg article. Benedict XVI: In No One’s Shadow By Samuel Gregg It was inevitable. In the lead-up to John Paul II’s beatification, a number of publications decided it was time to opine about the direction of Benedict XVI’s pontificate. The Economist, for example, portrayed a pontificate adrift, “accident-prone,”...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved