Should Churches Remain Tax-Exempt?

[Jenny A]

When you can translate that into understandable English, I'll respond.

What's not to understand, you and your kudo partners seem to agree the constitution doesn't call for the separation of church and state, all the other atheist believe it does.

That's not how you phrased it last night, and frankly, in the late evening what you said that made no sense to me whatsoever. That is the problem with bad syntax, it can make one difficult to understand.

But, as promised now that I do understand you, I will explain. Separation of Church and State is a short hand way of referring to what the First Amendment says about religion. But, parsing the the words "separation of church and state" doesn't lead to a very good analysis of the First Amendment because that not what it actual says. It does say:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

So Congress may not establish religion and Congress may not prohibit the exercise of religion. Which of those two requirements do you think taxing churches in the same manner that other institutions are taxed would violate? The Establishment Clause, or the Free Exercise Clause?

I argue that giving churches a tax break for money spent on providing religious services and promoting religion is establishing religion and therefore prohibited by the Establishment Clause. Tax breaks for actual education and charitable works given on the same basis as those given to other institutions is not prohibited.

Last time the Supreme Court looked at the issue they didn't agree with me about the Establishment Clause prohibiting tax breaks for money spent on religious services. But the Supreme Court has never to my knowledge said that such tax breaks are required under the Free Exercise Clause either. And the Court has struck down tax exemptions given to churches for property taxes on business property and general sales tax exemptions given to churches under the Establishment Clause. http://law.justia.com/constitution/us/am...perty.html
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