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You are here: Experts > Arts/Humanities > Political Science > 1st Amendment and Free Speech > Church and State
Expert: Ed Buckner
Date: 4/3/2008
Subject: Church and State
Question
Overview: I am a part of a small non-denominational church, and we started as a home based church. We grew, used another building for awhile and recently purchased our own building.
Since purchasing the building, eight months or so ago, we have run into constant set backs for opening. First we were told we would need a Certificate of Occupancy and a Sign Permit, then after a brief walk through by the city, we were told we would need an ADA approved bathroom. We were more than happy to build an ADA bathroom and we have now been waiting for over a month for a "final" walk through so we can get water on. Being a small church, we are rapidly running out of money. We have to have the Certificate of Occupancy to be able to get the building off the county tax records. Or as they put it, "we have to see the building is being used for a church". So we now have taxes to pay on the building.
Question: Doesn't the 1st Admendment indicate that government on no level (Congress to local city) can prohibit us from using our building for "religion"? If so, doesn't it also rule out taxes on the building, requirements for ADA bathrooms, etc?
Thanks in advance
Answer
Dear Clint,
The first amendment protects the rights of every individual American citizen to practice the religion of his choice (including none) and it denies the power of government to establish any religion. By implication these two things, taken together, mean that governments--at any level--may not treat a church or any other religious organization differently from another entity--may not require that a group that is Catholic or Presbyterian or atheist follow regulations that another of those would not have to follow.
But it certainly doesn't mean that government may not require a variety of health and safety requirements, zoning requirements, etc. And local governments are not required by the Constitution as amended to exempt religious property from taxation, though many do. They are required to treat all such organizations the same, whatever their religious preferences or declarations.
If local governments do agree to exempt property used for religious purposes from taxation, they obviously have the right--indeed, the duty--to insure that the building is being used for the purposes claimed. To understand why, imagine that they could not determine such things. Then every insurance agent, hairdresser, dog kennel, and bar, etc., in the area would claim a religious exemption and the government could not disprove their claims. No one would pay any taxes, and there would cease to be any way to pay for firedepartments, police, and all the other things property taxes are used for. Indeed, for these reasons there are some who believe all churches and religious organizations should be required to pay taxes on their income and their property, like any other organization.
Good luck to you.
Regards,
Ed B.
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