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Challenging Kentucky County
Tax Exemption for Clergy
Well, as expected, the lawsuit filed August 16, 2005 by the Kentucky State Director and American Atheists,
challenging a Kentucky County Ordinance giving special rights to ordained clergy to be exempt from paying
County licensing and occupational taxes, has generated some press, and will probably generate more.
It is fascinating to note that the Defendants may take the position that to require a minister to
pay occupational (income) taxes would be a violation of that minister's freedom of religion. If so,
then having to pay such violates my freedom of Atheism, doesn't it? Interestingly, all church employees,
save their "ordained" minister have to pay, as do all ministers who are not "ordained."
We may have a U.S. Supreme Court case on our hands here. What if the Kentucky Supreme Court says the
law is unconstitutional under the Kentucky Constitution, and the Defendants then ask the U.S. Supreme
Court to rule that the Kentucky Constitution is unconstitutional. Of course SCOTUS never tells states
how to interpret their state's constitution. Do they?
In thinking about this, and to help enliven dialogue when someone asks why this awful thing is being
done to believers, consider the following from Matthew, Chapter 22, King James Bible:
"MT 22:15 Then went the Pharisees, and took counsel how they might entangle him in his talk. [16]
And they sent out unto him their disciples with the Herodians, saying, Master, we know that thou art
true, and teachest the way of God in truth, neither carest thou for any man: for thou regardest not
the person of men. [17] Tell us therefore, What thinkest thou? Is it lawful to give tribute unto Caesar,
or not? [18] But Jesus perceived their wickedness, and said, Why tempt ye me, ye hypocrites? [19] Show
me the tribute money. And they brought unto him a penny. [20] And he saith unto them, Whose is this
image and superscription? [21] They say unto him, Caesar's. Then saith he unto them, Render therefore
unto Caesar the things which are Caesar's; and unto God the things that are God's. [22] When they had
heard these words, they marvelled, and left him, and went their way."
This story is repeated, in substantially the same form, with its conclusion to pay your taxes,
at both Mark 12: 17 and Luke 20:25.
Now on to the news.
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