FREEDOM FROM RELIGION FOUNDATION, INC. v. LEW

No. 14-1152.

773 F.3d 815 (2014)

FREEDOM FROM RELIGION FOUNDATION, INC., Annie Laurie Gaylor, and dan barker, Plaintiffs-Appellees, v. Jacob J. LEW, Secretary of the Treasury, and John A. Koskinen, Commissioner of Internal Revenue, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 2014.


Attorney(s) appearing for the Case

Richard L. Bolton , Boardman & Clark, Madison, WI, for Plaintiff-Appellee.

Judith A. Hagley , Erin Healy Gallagher , Tamara W. Ashford , Department of Justice, Washington, DC, Defendant-Appellant.

Kenneth Alan Klukowski , Family Research Council, Washington, DC, for Amicus Curiae Liberty Institute.

Kimberlee Wood Colby , Center for Law & Religious Freedom, Springfield, VA, for Amicus Curiae Evangelical Council for Financial Accountability.

Nathan Lewin , Lewin & Lewin, Washington, DC, for Amicus Curiae National Jewish Commission on Law and Public Affairs.

Laurence Arthur Hansen , Locke Lord LLP, Chicago, IL, for Amicus Curiae Amercian Baptist Churches in the U.S.A.

Erik William Stanley , Alliance Defending Freedom, Scottsdale, AZ, for Amicus Curiae 624 Churches.

Michael W. Durham , Caplin & Drysdale, Washington, DC, for Amicus Curiae Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia.

John Allen Eidsmoe , Foundation for Moral Law, Inc., Montgomery, AL, for Amicus Curiae Foundation for Moral Law Incorporated.

Nicholas James Little , Center for Inquiry, Washington, DC, for Amicus Curiae American Humanist Association.

Before FLAUM, ROVNER, and HAMILTON, Circuit Judges.


The Freedom from Religion Foundation and its two co-presidents (collectively "the") filed this suit to challenge the constitutionality of § 107 of the Internal Revenue Code, also known as the parsonage exemption. The exemption excludes the value of employer-provided housing benefits from the gross income of any "minister...

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