The constitutional challenge to the minister’s housing allowance moves into the next phase today as oral arguments are heard before the Seventh Circuit Court of Appeals.
Last year, Judge Crabb of the Federal District Court of the Western District of Wisconsin held that the cash clergy housing allowance under Internal Revenue Code Section 107(2) is unconstitutional, as an impermissible preferential treatment of religion under the Establishment Clause of the Constitution, invalidating it for ministers in Illinois, Indiana, and Wisconsin. The decision was “stayed” until all the appeals process is exhausted.
A decision will not come forth today from the oral arguments presented before the Seventh Circuit Court of Appeals. This should come within the coming weeks to months. Churches and ministers claiming housing allowance should continue to do so until a decision gets made.
We encourage you to pray about this case and for those appealing the lower court’s decision. Our office will release more information as it becomes available to us. If you have any questions, you can email us at [email protected] or call our office at 1-877-767-7738.