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IRS Could Revoke Non-Profit Status for Religious Institutions over Same-Sex Marriage

Home - by - June 27, 2013 - 11:45 America/New_York - 12 Comments

Big Government

Based on Wednesday’s Supreme Court ruling, in which the Court majority determined that the Defense of Marriage Act’s federal definition of marriage had to incorporate state-based same-sex marriages, Internal Revenue Service regulations could be modified to remove non-profit status for churches across the country.

The DOMA decision makes clear that marriage is a state-to-state issue, meaning that religious institutions that receive non-profit status on the federal level but do not perform or accept same-sex marriages in states where it is legal could have non-profit status revoked. Furthermore, should the IRS move to revoke federal non-profit status for churches, synagogues and mosques that do not perform same-sex marriage more generally, the Court could easily justify that decision on the basis of “eradicating discrimination” in religious education.

In 1983, the Supreme Court ruled in Bob Jones University v. United States that it was within the scope of the First Amendment’s protections for religion for the IRS to revoke the tax exempt status for the university based on its policy prohibiting interracial dating. The Court determined that the “Government has a fundamental, overriding interest in eradicating racial discrimination in education … which substantially outweighs whatever burden denial of tax benefits places on [the university’s] exercise of their religious beliefs.”

The Supreme Court is clearly leaning toward a similar move here. The Court stated in Romer v. Evans (1996) that states could not take measures to prevent future distinction of gays and lesbians as a protected class under state law; in Lawrence v. Texas (2003) the Court ruled that same-sex sexual activity was Constitutionally protected; in the DOMA case on Wednesday, the Court ruled that DOMA was unconstitutional not merely on federalism grounds, but because it violated the equal protection clause of the 14th amendment and the due process clause of the Fifth Amendment.  MORE

 

» 12 Comments

  1. Stranded in Sonoma

    June 27th, 2013

    Repeal.The.16th.Amendment.

    Thumb up +8

     
  2. GI-had Joe

    June 27th, 2013

    Let the revolution begin.

    Thumb up +5

     
  3. even steven

    June 27th, 2013

    We should revoke the IRS. It would be better do so by Congress simpliflying the code than to do so one IRS employee at a time, but either way, it needs to be done.

    Thumb up +5

     
  4. d.

    June 27th, 2013

    Wait, wait, wait. Obama done said he would not force churches to perform homo-weddings.

    (yeah, right)

    Thumb up +3

     
  5. super toe

    June 27th, 2013

    It’s the Communist plan all along. We have to be stupid to not see that there is no end game with Evil until Churches and Synagogues are eradicated and government has total control.

    Noteworthy Comment Thumb up +12

     
  6. Maudie N Mandeville

    June 27th, 2013

    and you can bet that the pro-fecal marriage Episcopalians, UCC, ELC, Presbyterian USA and other denominations will be leading the assault on those that don’t condone fecal marriage.

    Thumb up +6

     
  7. Dr. Tar

    June 27th, 2013

    So we all have freedom of religion but not freedom from the arbitrary rules and policies of the IRS.

    The IRS is turning into the new secret police. They’ll enforce ObamaCare, they investigate, harass and penalize those that oppose the totalitarian administration, they will suppress the practice of religion and replace it with the mandatory state religion of Demo think.

    Have to admit, I didn’t see it coming.

    Thumb up +8

     
  8. MNHawk

    June 27th, 2013

    It’s never been about rights and has always about acceptance. You can’t be accepted without fully forcing yourselves into churches.

    It is the end game. It’s always been the end game. These people never go away happy.

    Thumb up +4

     
  9. Carlos The Jackal

    June 27th, 2013

    There it is, Churches, bow to Caesar or stand with God.

    Thumb up +3

     
  10. venturaguy

    June 27th, 2013

    But then the churches will be free to fully engage in political activity

    Thumb up +3

     
  11. Ty Coon

    June 27th, 2013

    I can’t wait to get my government approved bible after the the Supreme Court rules all others as hate speech.

    Thumb up 0

     
  12. Two Legged Blue Eyed Cracker

    June 28th, 2013

    Here’s a thought – if the only reason you are giving to the church is for the tax benefits, then please leave and give to the United Way.

    Thumb up 0