The October 2017 decision by Wisconsin district judge Judge Barbara Crabb had been a victory for the Freedom from Religion Foundation (FFRF), which “jeopardized the benefit for clergy in Illinois, Indiana, and Wisconsin … and many predicted similar consequences nationwide,” wrote CT’s sister publication, Church Law & Tax(CLT) in an analysis.
In today’s ruling, a panel of three judges again refuted the claims of FFRF attorneys, deciding that the allowance passes muster according to two related Supreme Court rulings, Town of Greece v. Galloway and Lemon v. Kurtzman.
“FFRF claims Section 107(2) renders unto God that which is Caesar’s,” wrote circuit judge Michael Brennan. “But this tax provision falls into the play between the joints of the Free Exercise Clause and the Establishment Clause: neither commanded by the former, nor proscribed by the latter.”
The FFRF told the Associated Press it is reviewing its options.
CT previously reported how the FFRF challenged the same tax break in 2012 with the same initial success, but ultimately lost on appeal in November 2014. Today’s ruling was essentially a rematch over whether the tax benefit unfairly benefits religious Americans.
“This ruling is a victory not just for my church but for the needy South Side Chicago community we serve,” said Chicago Embassy Church pastor Chris Butler in a Becket press release. He intervened in the case because his church “can’t afford to pay him a full salary, but it offers him a small housing allowance, so he can afford to live near his church and the community he serves,” noted Becket, which represented a group of pastors appealing the FFRF’s initial victory.
Read it all.