The anti-Christian Freedom From Religion Foundation continued their campaign to drive Christians out of America by filing a suit in U.S. District Court challenging the 1954 law that allows clergy members to use untaxed income to purchase a home.

U.S. District Judge Barbara Crabb, appointed in 1979 by Democratic President Jimmy Carter, ruled the law “provides a benefit to religious persons and no one else, even though doing so is not necessary to alleviate a special burden on religious exercise.”

Judge Crabb is the same judge that ruled in 2008 in a suit brought by the same anti-Christian activists that the National Day of Prayer was unconstitutional.

The defendants in the case are U.S. Treasury Secretary Jacob Lew and acting IRS commissioner Daniel Werfel. Neither agency commented on the case.