Erik Stanley has written an excellent post on why churches ought to continue to be tax exempt. First, he asks, can you give any reasons why churches should be tax exempt? Sadly, he notes, most people can't.
Tax exemption for churches is a corollary of religious freedom as specified in the First Amendment. Still, this is a freedom that is under fire in today's society. Stanley ought to know. He is an attorney who stands up for religious freedom every day. He is Senior Legal Counsel for the Alliance Defense Fund.
Here is a taste:
But there is also a constitutional reason why churches are tax
exempt. Our history is one of an unbroken practice of exempting churches
from taxation. Churches were exempt from the very first time the tax
code was passed at the federal level, and have remained exempt in every
iteration of the tax code ever since. Every state in America also
exempts churches from property taxes. When the U.S. Supreme Court
decided a case regarding the property tax exemption of churches, called
Walz v. Tax Commission, it stated that providing a tax exemption for
churches was a less intrusive option under the Constitution than
requiring churches to pay taxes.
That makes sense when you stop and think about it. As the Supreme
Court said in a very early case, “The power to tax involves the power to
control.” Taxation is, in essence, a very strong assertion of control
by a sovereign over its subjects. Exempting churches is a way to ensure
that the state cannot control churches.
Here is the rest of the post.
“I want again to breathe your free Air. I expect it will mend my Constitution and confirm my principles. I have indeed as good an Atmosphere at home as the Climate will allow: but have nothing to brag of as to the State and Liberty of my Country. . . . So I [leave you] to pity me and pray for Liberty of Conscience [to revive among us.]”
James Madison to William Bradford of Pennsylvania, January 24, 1774
James Madison to William Bradford of Pennsylvania, January 24, 1774
Thursday, March 15, 2012
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I usually see this addressed from a different perspective. The tax exempt status limits what the church can teach. Churches avoid making statements that may seem overly political for fear that they will lose their tax exempt status. So "tax exempt" exerts control, where "taxed" would leave them more free to speak on any matter they wanted.
ReplyDeleteBut never mind that all the money the church gets was already taxed before it ever got to our bank accounts for us to give it in the first place. But I'm sure you don't need me to go into my distaste for the current tax system again.