Tax break on religious texts struck down
A federal judge in Atlanta has struck down a state law that grants sales tax exemptions for purchases of the Bible and other works pertaining to the Holy Scriptures.
In a ruling issued Monday, U.S. District Court Judge Richard Story found the sales tax exemption unconstitutional in that it violates the Establishment Clause of the First Amendment.
The case was brought by a retired Atlanta librarian and the owner of a Sandy Springs metaphysical bookshop who contended the law unlawfully discriminates against sellers of other philosophical, religious and spiritual works.
"It is a fundamental principle of Free Speech jurisprudence that 'regulations which permit the government to discriminate on the basis of the content of the message cannot be tolerated,'" Story wrote, citing a 1984 U.S. Supreme Court ruling.
"The unique and preferential treatment the state provides to 'religious' literature raises serious constitutional concerns under the Establishment Clause," Story wrote. That clause provides that government "shall make no law respecting an establishment of religion."
Gerry Weber, a lawyer with the American Civil Liberties Union of Georgia, applauded the ruling. He said that, unless the law is changed, booksellers must now charge sales tax on all purchases of the Bible and other works relating to the Holy Scriptures.
"It's a slam-dunk order," Weber said. "The government can't pick and choose which faith it's going to prefer."
By issuing the ruling while the General Assembly is in session, Weber said, the judge "has given the Legislature an opportunity to expand the statute to exempt all philosophical and religious texts — or none at all."
Read the rst if this story here
In a ruling issued Monday, U.S. District Court Judge Richard Story found the sales tax exemption unconstitutional in that it violates the Establishment Clause of the First Amendment.
The case was brought by a retired Atlanta librarian and the owner of a Sandy Springs metaphysical bookshop who contended the law unlawfully discriminates against sellers of other philosophical, religious and spiritual works.
"It is a fundamental principle of Free Speech jurisprudence that 'regulations which permit the government to discriminate on the basis of the content of the message cannot be tolerated,'" Story wrote, citing a 1984 U.S. Supreme Court ruling.
"The unique and preferential treatment the state provides to 'religious' literature raises serious constitutional concerns under the Establishment Clause," Story wrote. That clause provides that government "shall make no law respecting an establishment of religion."
Gerry Weber, a lawyer with the American Civil Liberties Union of Georgia, applauded the ruling. He said that, unless the law is changed, booksellers must now charge sales tax on all purchases of the Bible and other works relating to the Holy Scriptures.
"It's a slam-dunk order," Weber said. "The government can't pick and choose which faith it's going to prefer."
By issuing the ruling while the General Assembly is in session, Weber said, the judge "has given the Legislature an opportunity to expand the statute to exempt all philosophical and religious texts — or none at all."
Read the rst if this story here
posted by Jeff at 12:18 PM
0 Comments:
Post a Comment
<< Home