New Life in Christ Church in Fredericksburg, Virginia, has a parsonage that is presently occupied by its college ministers, a married couple. The couple ministers to the students at nearby University of Mary Washington, hosting Bible studies and times of worship at the parsonage. The City of Fredericksburg denied a tax exemption to the church for the parsonage because, according to the city, the college campus ministers do not qualify as “ministers” as they are not ordained. In addition, according to the city’s interpretation of the Presbyterian Book of Church Order, they are not qualified to be “ministers.” The Circuit Court of the City of Fredericksburg upheld the city’s determination and the Virginia Supreme Court declined to review that decision.
Government officials are constitutionally prohibited from interpreting religious documents like the Book of Church Order and making religious determinations concerning the roles and scope of authority of church leaders. Fredericksburg city officials and Virginia state courts are ignoring longstanding Supreme Court precedent that allows churches to determine for themselves who is a minister.
First Liberty Institute, Christian Legal Society, and the law firm Gibson, Dunn & Crutcher LLC, on behalf of the New Life in Christ Church in Fredericksburg, Virginia, asked the Supreme Court of the United States to reverse the state court decision.
“For over 150 years, the Supreme Court has protected the rights of churches to determine in good faith who serves as their ministers,” explained Allyson Ho, partner at Gibson, Dunn & Crutcher, and veteran Supreme Court advocate. “The New Life Church deserves that same protection.”
“The Constitution requires all government officials to respect a religious congregation’s good faith understanding of who serves as its ministers,” explained Kim Colby, Director of the Christian Legal Society’s Center for Law and Religious Freedom. “New Life in Christ Church simply seeks the respect that the Constitution guarantees.”
In January 2022, the Supreme Court declined to review the case.
“This is a travesty, and it is dangerous. If a government bureaucrat can determine theology and tell a church who is or is not a minister, we are in trouble,” said Kelly Shackelford, President, Chief Counsel, and CEO of First Liberty. “We’re disappointed that the Supreme Court allowed this dangerous abuse of government authority to stand.”
News Release
For Immediate Release: 1.18.22
Contact: Lacey McNiel, media@firstliberty.org
Direct: 972-941-4453
U.S. Supreme Court Declines To Review Right of Virginia Church to Operate Without Government Determining Its Theology
Justices will not take up decision that allowed local government to interfere with its governance of Fredericksburg, VA church
Washington, D.C.—Today, the Supreme Court of the United States rejected a request to review a state court decision disagreeing with a church’s definition over who is a “minister” and denying a parsonage tax exemption to property occupied by New Life in Christ Church in Fredericksburg, VA. New Life in Christ Church is represented by First Liberty Institute, Christian Legal Society, and the law firm Gibson, Dunn & Crutcher LLC.
The church’s college ministers, a married couple, occupy the parsonage and use it to minister to college students nearby at the University of Mary Washington by hosting Bible studies and times of worship at the parsonage. When the church applied for the parsonage exemption, the city of Fredericksburg denied the tax exemption to the church, claiming that the campus ministers did not qualify as “ministers” based upon the City’s review of church doctrine.
“This is a travesty, and it is dangerous. If a government bureaucrat can determine theology and tell a church who is or is not a minister, we are in trouble,” said Kelly Shackelford, President, Chief Counsel, and CEO of First Liberty. “We’re disappointed that the Supreme Court allowed this dangerous abuse of government authority to stand.”
In a dissent from denial, Justice Neil Gorsuch said, “I would grant the petition and summarily reverse. The First Amendment does not permit bureaucrats or judges to ‘subject’ religious beliefs ‘to verification.’ About this, the Court has spoken plainly and consistently for many years.”
The case is Trustees of the New Life in Christ Church v. City of Fredericksburg, Virginia.
###
About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Lacey McNiel at media@firstliberty.org or by calling 972-941-4453.
 |
|
|
CASE SUMMARY
PRESS RELEASES
LEGAL DOCUMENTS
PHOTOS AND VIDEO
