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January 26, 1990 - Image 39

Resource type:
Text
Publication:
The Detroit Jewish News, 1990-01-26

Disclaimer: Computer generated plain text may have errors. Read more about this.

mmmil ANALYSIS

BUILDERS SUPPLY CO.
CABINET CORP.

legislators and other offi-
cials not to jump at the op-
portunity to tax religious in-
stitutions, and other non-
> profit institutions."
Just last year, a sharply
divided Supreme Court
found it unconstitutional to
exempt religious literature
from a sales tax that was ap-
plied to other periodicals of
the same type.
"So any statute which
states that religious groups
are exempt, but taxes on
similarly situated commer-
cial or other not-for-profit in-
stitutions are not, is now
subject to constitutional at-
tack," Stern said.
As example, Stern cited a
recent New Jersey law elim-
inating a tax exemption for
Bibles — a direct result of
the Supreme Court decision
last year.
Stern said he expected the
Swaggart decision might
trigger a number of
challenges to religious tax
exemptions.
"Even though the decision
doesn't hold that states must
tax churches, it casts doubt
now on a lot of exemptions
that are unique to religious
institutions," he said.
As a practical matter,
Jewish institutions will not
be affected until states enact
legislation removing exemp-
tions on the sale of religious
materials. But the high
court decision opened the
door to such legislation
which could affect
synagogue book sales, gift
shops and the sale of litera-
ture by Jewish religious
organizations.

Oliver Thomas, general
counsel for the Baptist Joint
Committee and one of the
leading church-state lawyers
in Washington, argued that
the court had little choice in
the Swaggart case — a fact
reflected in the rare
unanimous decision.
"The only alternative
would be to put the state in
the position of deciding
which religious publications
merit exemptions and which
do not," he said.

Thomas emphasized that
the underlying meaning of
the Supreme Court decision
is that states should not be
allowed to give special
treatment to religious
messages.
"What we need to focus on
is that states are not taxing
religion, but rather a corn-
me r cial relationship,"
Thomas said. "If a church or
synagogue sells a cassette
tape, whether it has rock
and roll on it or a sermon, we
can expect in some jurisdic-
tions to pay sales tax on it."

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THE DETROIT JEWISH NEWS

39

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