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La. tax exemptions for churches withstand court scrutiny. (AU Bulletin).


A federal appeals court refused to rule on the constitutionality of Louisiana CODE, OF LOUISIANA. In 1822, Peter Derbigny, Edward Livingston, and Moreau Lislet, were selected by the legislature to revise and amend the civil code, and to add to it such laws still in force as were not included therein.  tax exemptions for religious groups saying that the suit challenging the tax breaks belonged in state court.

The ACLU ACLU: see American Civil Liberties Union.  of Louisiana brought suit in 2000 against three state sales tax sales tax, levy on the sale of goods or services, generally calculated as a percentage of the selling price, and sometimes called a purchase tax. It is usually collected in the form of an extra charge by the retailer, who remits the tax to the government.  exemptions for religious entities. A 1996 state law exempted churches and synagogues from paying sales taxes on the purchase of Bibles and other materials for religious classes. In 1998, lawmakers enacted a tax exemption for religious groups operating camps and retreats and one for all purchases by the Catholic Church-affiliated Society of the Little Sisters of the Poor The Little Sisters of the Poor is a Roman Catholic religious order for women. It was founded in the 19th century by Jeanne Jugan near Rennes, France. Jugan felt the need to care for the many impoverished elderly who lined the streets of French towns and cities. . Last year, a U.S. district judge agreed with the ACLU and invalidated the state tax exemptions. State officials appealed that ruling.

On June 11, a three-judge panel of the 5th Circuit sent the case back to the lower federal district judge with instructions to dismiss the lawsuit. The appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 ruled in ACLU v. Bridges that the state tax exemptions must first be challenged in state court.

In 1970, the U.S. Supreme Court upheld a New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 law providing a tax exemption for property used for religious, educational or charitable purposes. In Walz v. Tax Commission, Chief Justice Warren Burger, writing for the majority, concluded that the New York tax law "is neither the advancement nor the inhibition of religion; it is neither sponsorship nor hostility." According to the Walz decision, the New York tax break for religion created "only a minimal and remote involvement between church and state."

ACLU spokesman Joe Cook told the Associated Press that the group would consult its attorneys before deciding whether to challenge the tax breaks in state court.
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Article Details
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Publication:Church & State
Article Type:Brief Article
Geographic Code:1U7LA
Date:Jul 1, 2003
Words:277
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