In a
press release last week, the Freedom From Religion Foundation explained why it had not sought Supreme Court review of the 7th Circuit's decision in
Gaylor v. Mnuchin. In the case, the circuit court rejected an Establishment Clause challenge to Internal Revenue Code Sec. 107(2) which excludes from taxable income housing allowances paid to members of the clergy. (See
prior posting.) FFRF said in part:
After “counting heads,” we concluded that any decision from the current court would put the kibosh on challenging the housing allowance for several generations.
We began this challenge years ago, when the composition of the Supreme Court was very different. We have (secular) faith that someday the Supreme Court composition will again favor the Establishment Clause and be willing to scrutinize this preferential code and declare it unconstitutional. By ending our challenge at this time, the Freedom From Religion Foundation is making it possible for another challenge to be taken in the future, and we hope to be part of that.
