Clergy Ask Court To Reject Atheist Lawsuit Against § 107 Housing Allowances For 'Ministers Of The Gospel'

Following up on my previous post, Atheists Try Again To Strike § 107 Housing Allowance for 'Ministers of the Gospel':  

The Becket Fund for Religious Liberty, South Side, Chicago Pastor Fights Discriminatory Lawsuit:

Chicago-based Bishop Ed Peecher filed in court today to protect ministers and churches against a lawsuit by the Freedom From Religion Foundation, an atheist organization trying to prevent churches from providing housing benefits available to other non-profit organizations and businesses.

For much of the past century, pastors, rabbis, imams and other faith leaders – whose job requires them to live close to their church or in an underserved community – have been eligible for a tax-exempt housing allowance under the same tax principle that allows businesses to reimburse travel and overseas housing costs and provides tax-free housing to teachers and police who live in the communities they serve. America has a long and proud tradition of incentivizing service. When pastors can live near the congregations and communities they serve, it is proven that everyone benefits.

A federal tax law known as the parsonage allowance lets churches provide tax-exempt housing or housing allowances for their ministers to live near their congregations. The Freedom From Religion Foundation (FFRF) argues that unless the IRS explicitly bars faith organizations from accessing this benefit, it will be in violation of the Establishment Clause. But churches shouldn’t be treated differently than other secular organizations who receive the same kind of tax treatment.  

“The same tax-exempt housing allowances exist for various employees like hotel managers, those transferred overseas and military personnel whose jobs require them to live in a certain proximity to their workplace,” said Hannah Smith, senior counsel at the Becket Fund for Religious Liberty. “Ministers who live in the communities they serve shouldn’t be left out in the cold.”  

Becket filed a motion to intervene today on behalf of Bishop Edward Peecher of Chicago Embassy Church, Father Patrick Malone of Holy Cross Anglican Church, and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia. In 2014, Becket filed a friend-of-the-court brief on behalf of a diverse group of Southern Baptist, Eastern Orthodox, Hindu, and Muslim organizations that have been able to thrive and effectively serve their communities because of the parsonage allowance.  

• Christian Post, Clergy Coalition Asks Court to Reject Atheist Lawsuit Against IRS Housing Allowance