ECFA Asks Supreme Court To Halt City’s ‘Second-Guessing’ of Church Beliefs

 

Can the state overrule a church about its own beliefs? That question is at the heart of a case recently appealed to the U.S. Supreme Court in which a Virginia church and local officials are sparring over who really counts as a “minister.” ECFA has joined a formal amicus brief with several other ministries encouraging the high court to take the case and uphold the rights of the church.

New Life in Christ Church is a Presbyterian congregation in Fredericksburg, Virginia. In order to serve the spiritual needs of nearby college students, the church launched a college ministry and based a couple to lead that effort in a residence in the city — a parsonage also used for Bible studies and more. Unfortunately, when the church sought a parsonage tax exemption for the property, local officials balked. The city overruled the church based on its own understanding of the Presbyterian Book of Church Order and ordination requirements for ministers. Despite the church countering that argument — and no one questioning the sincerity of the church’s beliefs — Virginia state courts, including its Supreme Court, sided with the city.

“Government officials have no right to substitute their theology for that of the church,” said Kelly Shackelford, President of First Liberty Institute, which is now working with Christian Legal Society and a partner firm to appeal this case to the U.S Supreme Court.

Shackelford added, “The city’s own interpretation of this church’s doctrine and what is a minister unnecessarily requires the government to delve into issues of faith and doctrine in a way that violates the First Amendment.”

ECFA joined a formal brief supporting New Life In Christ Church’s appeal, particularly emphasizing “pernicious” and “deleterious” ramifications for churches if the city were to go uncorrected. Reminding the court of supporting jurisprudence, ECFA and its co-authors declared firmly that the Constitution’s “Religion Clauses prohibit a government from second-guessing a church’s good-faith designation of who serves as its minister.”

We will carefully monitor this case. For more information about the minister’s housing tax exclusion, please check out ECFA’s 10 Essentials of the Minister’s Housing Exclusion eBook.

 

This text is provided with the understanding that ECFA is not rendering legal, accounting, or other professional advice or service. Professional advice on specific issues should be sought from an accountant, lawyer, or other professional.