 November/December 1999 (XXXVII 5) |
ill the highest court in the land accept the petition being filed in November for Priscilla Adams' war tax witness case? Will the amicus curiae brief being filed by Philadelphia Yearly Meeting alert the justices that the matter is of concern not just to one Friend, but to our Religious Society of Friends?
Peter Goldberger, who pleaded the case for government accommodation of war tax resistance before the U.S. Court of Appeals for the Third Circuit in January 1999, observes that the Supreme Court accepts only 1 or 2 percent of the thousands of petitions submitted each year. However, questions of religious exercise and government involvement are now of particular interest to the court.
In Priscilla's case and in the related cases of Rosa Packard of New York Yearly Meeting and Gordon and Edith Browne of New England Yearly Meeting, the Appeals Court judges had quickly turned to historic lack of accommodation in matters of taxation. In none of the decisions had the judges examined the questions raised in light of the 1993 Religious Freedom Restoration Act.
In April, Interim Meeting agreed that Philadelphia Yearly Meeting would file an amicus brief in support of Haddonfield Meeting (NJ) member Priscilla Adams, who hopes to win government recognition for conscientious objectors who cannot support war and preparations for war with their tax money. Working on this issue on behalf of Interim Meeting are convener Jane Kronick of Haverford Meeting (PA), Anne Moore of Valley Meeting (PA), Elwood Cronk of Mount Holly Meeting (NJ), and Robin Harper of Southampton Meeting (PA). A separate amicus brief is being prepared by the American Friends Service Committee.
The Religious Freedom Restoration Act passed Congress through extensive efforts by a coalition of religious groups with which the Friends Committee on National Legislation (FCNL) was extremely active. The law requires that when government's "compelling state interest" restricts a citizen's free exercise of religion, then the government must show that it is using the "least restrictive alternative" available to accomplish its purpose. To date courts have addressed the issue of accommodating war tax resistance only by declaring that the government has a compelling interest in collecting taxes; the courts have not dealt with the arguments that accommodation would be possible within the context of mandatory participation in taxation.
Priscilla's case has not petitioned for a specific accommodation, although it describes various examples the government might accept such as permitting checks to be drawn to specific non-military agencies or a Peace Tax Fund where the taxes of conscientious objectors would be used toward a more humane society. To invite a speaker on this appeal or to participate in fund raising to cover expenses, call Priscilla at 609-835-4285.
Suzanne Day
Westfield Meeting (NJ)
Part-time staff for War Tax Concerns
Last modified: Wednesday, February 18, 2004 at 08:18 AM