Home
/
RELIGION & LIBERTY ONLINE
/
Why do pastors receive a tax exemption for housing?
Why do pastors receive a tax exemption for housing?
Apr 12, 2026 10:41 AM

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
Hunting The Predators: Holding ‘Johns’ Accountable In Human Trafficking Situations
Let’s stick with the hunting metaphor for a moment. In terms of our justice system, “johns” have pretty much been “catch and release.” You catch the (usually) guy, slap him with a misdemeanor, and let him go. Don’t want to embarrass him, his family, put his job in jeopardy. Thankfully, with rising awareness of human trafficking, this is changing. In today’s New York Times, columnist Nicholas Kristof sheds some light on what’s happening in Chicago. Several police officers are waiting...
How the Media Mislead the Public About Arizona’s Religious Freedom Amendment
Would you be surprised to hear that the mainstream media hasn’t been telling you the whole story? Probably not. The failings of the media has been a perennial story since 131 BC when the first newspaper, Acta Diurna, was published in Rome. But sometimes the media’s biases lead them to make claims that are especially egregious and harmful to mon good. Such is the case on the reporting of an amendment relating to the free exercise of religion in Arizona....
North Korea: ‘Time Has Come to a Standstill’
North Korea has lately been featured in dozens ofnews articles about a recent United Nations report on human rights abuses and now thanks to a new photo from NASA. The photo above wasjust released — taken from the International Space Station. While the surrounding countries are twinkling with light, North Korea pletely blacked out save for a small dot that is Pyongyang. U.S. News & World Report lists some of the unpleasant facts of life in North Korea, including frequent...
‘As Long As I’m A Good Person’
“It doesn’t matter what I believe…as long as I’m a good person.” How many times have you heard that? As our society trends more and more to the secular, this type of thing es mon. We’ve gone from a society that, at the very least, paid lip-service munal worship and having moral standards set by a higher authority, to “I can worship God on my own; I don’t need a church to do that” to “It doesn’t matter what I...
Why Should Baptists Care About Economic Theories?
In a review of Flourishing Faith,Chad Brand’s Baptist primer on faith, work, and economics,pastor David Daniels summarizes thewhy behind thewhat: But why should Baptists care about political economic theories anyway – especially over-burdened, time-starved pastors? Aren’t Baptists concerned with spiritual matters: evangelism, discipleship and church-planting? Anticipating the question, Brand provides five excellent reasons why Christians should understand economic theory. The Bible speaks to economic issues: acquiring and disposing of money and property, fair wages, and stewardship of the earth.Understanding political...
Thidwick the Big-Hearted and Slow-Witted
Dr. Seuss is renowned for his insights into human nature and development, along with an ability municate these insights in a way that is so straightforwardly simple that children can grasp the lesson immediately and intuitively. Consider, for instance, the case ofThidwick the Big-Hearted Moose. Thidwick is a moose who cares about others, and so when the occasion arises, Thidwick is happy to share space on his antlers with a bug who needs somewhere to stay.But Thidwick’s generosity sets a...
Ukraine: A Game of Musical Chairs for Corrupt Politicians and Oligarchs?
On Monday, I linked a podcast that Ancient Faith Radio host Kevin Allen did with Metropolitan Antony, primate of the Ukrainian Orthodox Church in the United States, about the ongoing crisis in the Ukraine. Allen has followed up with another interview, this one with Ukraine expert James Jatras, a former U.S. diplomat, U.S. Senate staffer and a member of the American Institute of Ukraine. Jatras talks about a number of issues, including the legal basis — or lack thereof —...
A Christian Defense of Fracking
Fracking is a slang term for hydraulic fracturing, a procedure of creating fractures in rocks and rock formations by injecting fluid into cracks to force them further open. The larger fissures allow more oil and gas to flow out of the formation and into the wellbore, from where it can be extracted. Fracking has resulted in many oil and gas wells attaining a state of economic viability, due to the level of extraction that can be reached. Fracking has been...
Samuel Gregg on ‘Exorcising Latin America’s Demons’
Venezuela has been at the top of the news lately because of violnent demonstrations and government abuses (for background on the situation in Venezuela, check out Joe Carter’s post). Director of research at Acton, Samuel Gregg, has written a special report at The American mentating on Venezuela as well as Latin America as a whole: Given Venezuela’s ongoing meltdown and the visible decline in the fortunes of Argentina’s President Cristina Kirchner, one thing has e clear. Latin America’s latest experiments...
Alton Brown on Stewardship: ‘None of This Is Mine’
In an interview with Eater, celebrity chef Alton Brown was asked how his faith and religion play into his professional life. Brown is a “born-again Christian,” though he finds the term overly redundant. His answer is rather edifying, offering a good example of the type of attitude and orientation we as Christians are called to assume: As far as other decisions, my wife runs pany. We try not to make any big decisions about the direction of pany or my...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved