A decide in Iowa has rejected a problem to the tax exemption standing of properties owned by a church, citing the state’s Spiritual Freedom Restoration Act.
An administrative regulation decide dismissed a petition final week by native taxpayers that sought to revoke the tax-exempt standing of properties owned by Calvary Chapel Iowa.
Choose Jonathan Gallagher dominated that permitting such petitions may create a chilling impact on non secular organizations, probably deterring them from participating in protected non secular actions.
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The decide’s resolution acknowledged that litigation like this might unfairly goal non secular teams because of political disagreements, opposite to the intent of RFRA.
“To hold otherwise would be to allow the unaccountable political opponents of a church the option to use the power of the State to target and/or retaliate against the religious organization for the organization’s activities, thereby creating a chilling effect not only on that specific religious group but also all other similarly oriented religious organizations,” the decide said.
“This is precisely the type of religious interference that RFRA was designed to prevent, and until the judiciary provides different guidance on the scope of RFRA, this case must be dismissed.”
In response to the ruling, Liberty Counsel Founder and Chairman Mat Staver, whose group helped characterize the church, expressed satisfaction with the court docket’s resolution.
“Religious freedom laws protect churches and pastors so they can focus on their mission rather than defending against spurious challenges from those who politically disagree with them,” Staver mentioned.
“The power to tax is not intended to empower censorship,” he added. “We are pleased Judge Gallagher properly applied Iowa RFRA in dismissing this attempt to punish religious and political speech. Frivolous claims brought against a church in Iowa courts also run the risk of being financially costly to any of the petitioners for attorney’s fees and costs.”
The petitioners have been given a 30-day window to attraction the choice earlier than it turns into remaining. In the event that they select to proceed, they might face vital authorized bills, together with lawyer’s charges and prices.
The controversy centered on two properties: a residence the place the church’s pastor lives together with his household, and a section of the church’s campus used for a Christian daycare and faculty in Cedar Rapids.
The petitioners argued that these properties weren’t used solely for non secular functions, citing the pastor’s household’s residence and the revenue-generating daycare as factors of rivalry.
The protection argued that the properties in query have been legitimately used for non secular and academic functions, thereby qualifying them for tax exemption below Iowa regulation.
“Well bless their hearts.”
