Home
/
RELIGION & LIBERTY ONLINE
/
Why do pastors receive a tax exemption for housing?
Why do pastors receive a tax exemption for housing?
Nov 26, 2024 1:43 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
Video: How ‘Poverty, Inc.’ can help the West cure global poverty
The Acton Institute continues to lead the global poverty discussion, as the Canada-Africa Chamber of Business hosted a screening of its award-winning documentary Poverty Inc. Afterwards the chamber held a virtual panel of speakers from around the world, including the film’s producer, Acton Institute Research Fellow Michael Matheson Miller, about how the movie’s insights apply to poverty eradication programs. The panel was moderated by Garreth Bloor, president of the Canada-Africa Chamber of Business and formerly a leader of a free-market...
The world will be saved by beauty: Singing, worship, and COVID-19
“Singing? I’ve heard that’s even worse than coughing!” That remark, and the horrified tone of the well-intentioned woman from my local church who made it, echoes inside many congregations these days. In a world turned upside down by the COVID-19 pandemic, many parishes which have chosen to reopen their doors prohibit the congregation from singing together in public worship. This infringement on worship is based in part on a government directive. On May 22, the CDC released its mendations for...
How to drain the poison of outrage out of social media
It is a universally acknowledged truth that there are deep-seated problems with social media. Academics have written books against it; once venerable institutions are being torn asunder by it; individuals are being demonized on it; and all the while, we are spending more and more of our lives on it. Social media firms are keenly aware of the problem and are trying, in ham-fisted and halfhearted ways, to address it. Venkatesh Roa, founder and editor-in-chief of the blog ribbonfarm, gives...
Shaun King and the advent of cultural iconoclasm
Our open national strife entered a new phase when a leader of Black Lives Matter suggested his members move from cultural iconoclasm to religious iconoclasm. Shaun King’s call to smash all European-looking images of Jesus – echoing an ancient heresy – perfectly illustrates the underlying beliefs and ideologies motivating present-day anarchists. On June 22, King – a surrogate for democratic socialist Bernie Sanders’ campaign – tweeted that “the statues of the white European they claim is Jesus should e down....
6 quotes for Frédéric Bastiat’s birthday
The French writer, philosopher, and exponent of liberty Frédéric Bastiat would turn 219 years old this week. For more than a century Bastiat’s concise, wisdom-infused words have led people on both sides of the Atlantic to embrace the timeless principles of limited government, freedom merce, and unalienable rights. Even Karl Marx begrudgingly acknowledged Bastiat as “the most adequate representative of the apologetic of vulgar economy.” Bastiat was born in France on June 30, 1801 (although some sources give June 29...
Rev. Robert Sirico: The Church’s ‘anemic response’ to COVID-19 hurts everyone
The political response to COVID-19 has created an economic downturn unprecedented since the Great Depression. However, the Church’s “anemic response” has deprived the poor of spiritual solace and the Church of its vocation and vitality, said Acton Institute President and Co-founder Rev. Robert Sirico on a nationally syndicated radio interview. “If we sit back and look at the big message of the Church, it’s, ‘We’re closed. We’ll let you know when we open again.’ And I think that’s very dangerous,”...
America’s two warring views of race
America’s current racial strife has roots deeper than recent controversies involving the police. One factor greatly exacerbating these tensions is the contrast in worldviews over the relative importance of “race” in one’s life and how those in dialogue view the American founding, according to Ismael Hernandez, executive director of the Freedom and Virtue Institute and a longtime lecturer at Acton University. Hernandez has elucidated these contrasting approaches in two new episodes of “Freedom and Virtue” the podcast. Hernandez first traces...
When police get it wrong (repeatedly): The rule of law and police reform
We have a policing problem in America, and we have a particular problem with how we police underserved populations. This is especially true within e, munities. These are some of the primary issues brought to light in the recent Black Lives Matter protests of 2020. In the aftermath of the brutal May 25th killing of George Floyd in Minneapolis, which catalyzed new activism across not only in the United States but also around the world, there have been calls to...
Clergy patrol: When pastors and police partner up
In response to the death of George Floyd, the Minneapolis City Council recently announced their intentions to dismantle the city’s police department — a move that has brought increased prominence to the wider national movement to “defund the police.” Such proposals have mostly ranged from reckless endangerment to convenient escapism to convoluted word games. Yet if we look beyond the deconstructionist impulses of the day, we also see some positive traction for more productive and targeted reforms — from the...
Espinoza v. Montana: A victory for school choice – but for how long?
The U.S. Supreme Court’s decision in Espinoza v. Montana Department of Revenue admirably defended religious liberty, school choice, and parental rights. However, the court may have also paved the way for teachers unions and hostile politicians to undermine that victory. On June 30, the Supreme Court ruled 5-4 that excluding religious schools from a privately-funded, state-established scholarship program is an “infringement on free exercise” of religion and is “fatally underinclusive” by denying benefits to people of faith. “Discrimination against religious...
Related Classification
Copyright 2023-2024 - www.mreligion.com All Rights Reserved