Tax breaks for religious groups put on hold
By The Associated Press
03.25.02
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NEW ORLEANS — Certain tax breaks that apply only to churches and other religious groups appear to be unconstitutional, a federal judge says.
U.S. District Judge Ginger Berrigan has given the state 10 days to let her know whether it will appeal the temporary order barring enforcement of the laws. If the state contests the temporary injunction, a hearing and trial would be needed before the order would be made permanent.
"In the absence of any controverting evidence, the clear text of the challenged statutory exemptions benefits only religious (groups), which provides a purpose and effect deemed unconstitutional," she wrote March 21.
She handed down a temporary order against enforcing a Louisiana law and two legislative amendments granting sales tax exemptions to certain nonprofit religious groups.
"This decision represents a victory for the First Amendment that bans state endorsement of religion," Joe Cook, executive director of the American Civil Liberties Union of Louisiana, said March 22.
The ACLU sued the state Department of Revenue and Taxation in 2000.
The Louisiana Attorney General's Office declined comment March 25, saying it needed time to consult with the Revenue and Taxation Department.
The Archdiocese of New Orleans was unable to comment as well.
Berrigan's temporary order blocks the department from enforcing a state law passed in 1996 and two amendments passed in 1998.
The law exempts all churches and synagogues from paying sales taxes on the "purchases of Bibles, song books or literature used for religious instruction classes."
One amendment exempts nonprofit religious groups that own and operate camp and retreat facilities and use the revenue for religious purposes. The other exempts all purchases made by the Catholic Church-affiliated Society of the Little Sisters of the Poor in New Orleans.
Sister Joseph Grenon, superior of the Little Sisters of the Poor, declined comment on the judge's ruling.
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