Home
/
RELIGION & LIBERTY ONLINE
/
Why do pastors receive a tax exemption for housing?
Why do pastors receive a tax exemption for housing?
Jan 25, 2026 12:09 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
Jayabalan: Possibility of a Non European Pope
Update: Video Interview with Kishore from Rome. Cardinal Malcolm Ranjith As the world awaits the beginning of the conclave, many are looking at non European Cardinals as potentials for the next pope. Channel News Asia points out that “68 per cent of the world’s Catholics currently from Latin America, Africa and Asia, there are increased calls for the next pope to be a non-European.” They asked Kishore Jayabalan, director of Acton’s Rome Office, to offer his thoughts on non Europeans...
Audio: Discussing ‘Becoming Europe’ on African-American Conservatives
Samuel Gregg recently spoke with Marie Stroughter from African-American Conservatives. They discuss Gregg’s new book, ing Europe: Economic Decline, Culture, and How America Can Avoid a European Future. Stroughter asked Gregg about the dichotomy between “cuddle capitalism” (the European social model) and a dynamic market economy. Gregg says that Americans are more and more choosing a ‘Europeanized’ economy favoring security over economic liberty. Listen to the full audio here: [Audio: You can purchase the hardcover or eBook version of ing...
Integrating Faith, Work, and Economics by the Power of the Holy Spirit
Over at the IFWE blog, Art Lindsley continues his series on the gifts of the Spirit, offering seven reasons the gifts of the Holy Spirit matter for our work. “Whether working in creation or regeneration, the Spirit constantly empowers us to carry out the callings God places on our lives,” Lindsley writes. Providing some brief Biblical basis for each, he offers the following reasons: The Spirit gives us power.We shouldn’t separate “natural” and “spiritual” gifts.The Spirit helps us reach our...
Creating a Culture That Lasts: Matthew Lee Anderson on ‘Radical Christianity’
I recently expressed my reservations about David Platt’s approach to “radical Christianity,” noting that, outside of embracing certain Biblical constraints (e.g. tithing), we should be wary of cramming God’s will into our own cookie-cutter molds for how wealth should be carved up and divvied out. In this month’s cover story inChristianity Today, my good friend Matthew Lee Anderson of Mere Orthodoxy does a nice job of summarizing some additional issues surrounding the broader array of “radical Christianity” books and movements....
Sirico: The Drama and Reality of Choosing a New Pope
In today’s The Detroit News, the Rev. Robert Sirico seeks to set aside some of the rumors, skewered Hollywood depictions, and media predictions that swirl around any papal conclave. Of course, this time is decidedly different, as the cardinals ing together not after the death of a pope, but one’s retirement. There is much talk throughout all the Church as to whom the next pope will be, and as Fr. Sirico points out, “[n]o one, not even the most well-informed...
Orthodoxy and Natural Law: A Reappraisal
At Ethika Politika today, I examine the recent critique by David Bentley Hart in the most recent issue ofFirst Things of the use of natural law in public discourse in my article, “Natural Law, Public Policy, and the Uncanny Voice of Conscience.” Ultimately, I offer a measured critique—somewhat agreeing with, but mostly critical of Hart’s position—pointing out Hart’s oversight of the vital role of conscience in classic natural law theory. What I find so bizarre, and have for some time...
Welfare Spending Equals $47,000 and a Ford Fiesta Per Family
When es to proving support for those in poverty, a significant number of economists, politicians, and pundits support direct transfer of money—just giving the poor cash. There are many moral and practical reasons I think that option is a suboptimal means of aiding the poorest of our neighbors. But it does have one substantial benefit: It’d be much cheaper and efficient than current welfare programs. As Daniel Halper at The Weekly Standard points out, the Senate Budget Committee finds that...
Audio Roundup: Acton Vatican Experts on the Conclave
Acton president and co-founder, Rev. Robert Sirico, and Director of Research, Samuel Gregg, are currently in Rome for the ing papal conclave. Here’s a roundup of their observations, including thoughts on the legacy of Pope emeritus Benedict XVI. Rev. Sirico was recently on the Laura Ingraham show discussing Benedict XVI’s resignation and legacy with guest host, Raymond Arroyo. Rev. Sirico pointed out that in some ways this is an “era of firsts,” once a new pope is elected, there will...
Rand Paul Knows What We Know: Power Corrupts
After nearly 13 hours of speaking in an attempt to stall the confirmation of CIA Director nominee John Brennan, Sen. Rand Paul ended his filibuster. The filibuster is a grandiose method of legislative stalling, requiring the speaker to hold the floor, talking the entire time and not sitting down. In essence, one tries to talk a bill to death. The most famous fictitious depiction of the filibuster is probably is Frank Capra’s Mr. Smith Goes To Washington. Paul Rand, as...
Ralph Baer and the Art of Innovation
In the video below, Ralph Baer, the “father of video games,” explains why he still invents at 90 years old. “What do you expect me to do?” he asks. He likens invention to the work of a painter. Would someone ask why a painter doesn’t retire? It’s what they love to do! Indeed, it is a calling. In The Entrepreneurial Vocation, Fr. Robert Sirico writes, Entrepreneurs, as agents of change, encourage the economy to adjust to population increases, resource shifts,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved