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Intervention Denied In Case Challenging Parsonage Allowance

By Howard M. Friedman

In Freedom from Religion Foundation v. Geithner, 2009 U.S. Dist. LEXIS 111776 (ED CA, Dec. 2, 2009), a California federal district court refused to permit a pastor to intervene in FFRF's Establishment Clause challenge to the parsonage allowance provisions in the federal and California tax laws. (See prior posting.) The pastor failed to show that the government will inadequately represent his interests in defending the challenge to the tax code provisions that exclude from income the value of housing (or housing allowances) furnished to "ministers of the gospel." The court however did grant the pastor's motion for leave to file an amicus brief.

Full post as published by Religion Clause on December 04, 2009 (boomark / email).