Friday, August 04, 2023

Application For Tax Exemption Does Not Violate Organization's Free Exercise Rights

In Children of the Kingdon v. Central Appraisal District of Taylor County, (TX App, Aug. 3, 2023), a Texas state appeals court affirmed a $32,000 property tax assessment against a religious organization that had not filed an application for a tax exemption. Responding to the organization's free exercise claim, the court said in part:

[W]e construe Appellants’ ... argument to be that the Free Exercise Clause of the First Amendment protects their religious belief to not enter into written agreements with the government; thus, they would not be required to file an application for a property tax exemption in order to not be held liable for the payment of property taxes....

Here, Appellant asserts that the requirement that one must file an application for a property tax exemption violates their rights guaranteed by the Free Exercise Clause, because it is their religious belief to be governed separately from secularism and thus not enter into any agreement or accept any privilege from secular governments. We disagree with Appellants assertion and hold that this requirement does not violate their First Amendment rights. 

First, the exemption application requirement is neutral. It is not specifically directed at or to a religious practice; instead, the requirement is a means of protecting the equality and uniformity of the property tax scheme as guaranteed by the Texas constitution. Second, the requirement is generally applicable....