Washington Ethical Society V. District of Columbia - Rationale For Decision

Rationale For Decision

The decision was written by Justice Warren Burger, predating his appointment to the U.S. Supreme Court. The decision stated:

The sole issue raised is whether petitioner falls within the definition of a "church" or a "religious society" . . . . The taxing authority urges denial of the tax exemption asserting petitioner is not a religious society or church and that it does not use its buildings for religious worship since "religious" and "worship" require a belief in and teaching of a Supreme Being who controls the universe. The position of the tax Court, in denying tax exemption, was that belief in and teaching of the existence of a Divinity is essential to qualify under the statute. . . . To construe exemptions so strictly that unorthodox or minority forms of worship would be denied the exemption benefits granted to those conforming to the majority beliefs might well raise constitutional issues . . . . The question before us now is not broadly whether petitioner is in an ecclesiastical sense a religious society or a church, but narrowly whether under this particular statute it is qualified for tax exemption. . . . We hold on this record and under the controlling statutory language petitioner qualifies as "a religious corporation or society" . . . .