The 7th U.S. Circuit Court of Appeals reversed U.S. District Judge Barbara Crabb’s ruling from last year striking down the law that benefits clergy. The three-judge panel on the appeals court said the co-presidents of the Madison-based Freedom From Religion Foundation did not have standing to challenge the law because they’ve never suffered because of it. “The plaintiffs here have never been denied the parsonage exemption because they have never requested it,” the court said. “Therefore, they have suffered no injury.”

MADISON, Wis. — A federal appeals court on Thursday [Nov 13] dismissed a challenge to the law that gives clergy tax-free housing allowances, saying the leaders of an anti-religion group in Wisconsin didn’t have the standing to bring the lawsuit.

The 7th U.S. Circuit Court of Appeals reversed U.S. District Judge Barbara Crabb’s ruling from last year striking down the law that benefits clergy. The three-judge panel on the appeals court said the co-presidents of the Madison-based Freedom From Religion Foundation did not have standing to challenge the law because they’ve never suffered because of it.

“The plaintiffs here have never been denied the parsonage exemption because they have never requested it,” the court said. “Therefore, they have suffered no injury.”

Annie Laurie Gaylor, one of the foundation co-presidents, called the ruling cowardly, given that the court dismissed it without ruling on the merits.

“If they wanted to get rid of it, if they considered it a hot potato, this is what they would do,” Gaylor said in a telephone interview. She said those challenging the law will be “regrouping” to determine what to do next.

Read More