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Atheists' Suit Against Ministers' Housing Allowance Lands in Federal Appeals Court

Contact: Brad Dacus, President, Pacific Justice Institute, 916-857-6900

SAN FRANCISCO, April 8 /Standard Newswire/ -- Opening briefs were filed last week with the Ninth Circuit Court of Appeals in San Francisco in a lawsuit filed by atheist Michael Newdow and the Freedom From Religion Foundation against a centuries-old practice of giving ministers a "parsonage allowance" or tax exemption for their housing.

The Ninth Circuit will consider who gets to defend the federal and state statutes being challenged. A group of ministers represented by Pacific Justice Institute sought to intervene as defendants in the case, since they would be most directly affected by the outcome of the case.

Brad Dacus, Pres. PJI
 
A federal district judge in Sacramento ruled in December that the IRS and state tax collectors would adequately represent the ministers' efforts to maintain their current exemptions, even though PJI attorneys pointed out that tax authorities have significant revenue to gain and nothing to lose if the atheists prevail. The IRS has also  previously sought to limit the scope of the ministerial housing allowance. The Sacramento court dismissed PJI's concerns about these conflicts of interest as being overly "cynical" toward the government.

PJI President Brad Dacus commented, "Achieving justice in our courts requires the time-honored adversarial system, where all sides of a case are fully heard. When government tax collectors have every incentive to agree with the people suing them, you cannot expect a vigorous defense, and it is vital that the ministers who will be most affected by the outcome of this case be allowed to intervene. The IRS defending a tax exemption is like the proverbial fox guarding the henhouse."

About The Pacific Justice Institute:  Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. Pacific Justice Institute works diligently, without charge, to provide their clients with all the legal support they need.  Pacific Justice Institute's strategy is to coordinate and oversee large numbers of concurrent court actions through a network of over 1,000 affiliate attorneys nationwide. And, according to former US Attorney General Edwin Meese, "The Institute fills a critical need for those whose civil liberties are threatened." "Through our dedicated attorneys and supporters, we defend the rights of countless individuals, families and churches... without charge."

pacificjustice.org