Alaska court: Tax exemption for religious school constitutional
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ALLIANCE DEFENSE FUND NEWS RELEASE
July 10, 2008 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020 or www.telladf.org/pressroom
Alaska court: Tax exemption for religious school constitutional
ADF-allied attorney wins victory for two churches in important ruling
ANCHORAGE, Ala. — An Alaska court has ruled that a property tax exemption for religious schools does not violate either the state or federal constitution. ADF-allied attorney Kevin Clarkson represented two churches in the case.
“Tax exemptions for the property of religious and other non-profit organizations have existed since America’s founding,” said Clarkson. “The court was right to determine that Alaska’s exemption, which applies to both religious and secular organizations, does not violate either the state or U.S. constitutions.”
Article IX, Section 4, of Alaska’s constitution states that “All, or any portion of, property used exclusively for non-profit religious, charitable, cemetery or educational purposes, as defined by law, shall be exempt from taxation.” In its ruling, the court found that the exemption was facially constitutional because it applies to both secular and religious non-profit institutions.
In 2006, several groups, including the American Civil Liberties Union, filed suit after the state legislature determined that “the residence of an educator in a private religious or parochial school” qualifies as “property used exclusively for religious purposes.” The court determined that extending such a tax exemption was not legally improper.
“Exemptions such as Alaska’s are constitutional because government has long recognized that society benefits from the stabilizing and helpful influences of religious and non-profit organizations in community life,” said ADF Senior Counsel Joe Infranco.
A copy of the order issued July 3 by the Superior Court for the State of Alaska in the Third Judicial District at Anchorage in Coonrod v. State of Alaska is available at www.telladf.org/UserDocs/CoonrodRuling.pdf.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.