The other side of the debate:

Liberty talks about the complaint filed by Americans United
https://www.liberty.edu/index.cfm?PID=18495&MID=8374

Liberty met with the College Democrats to find a compromise that would satisfy both sides
https://www.liberty.edu/index.cfm?PID=18495&MID=8375

Chancellor Jerry Falwell Jr speaks to the media coverage given to this issue
https://www.liberty.edu/index.cfm?PID=18495&MID=8373

It seems quite clear that it's not about Republicans versus Democrats as Barry Lynn would have the IRS believe. In this case, the College Democrats didn't lose recognition or funding because they were Democrats. It was because their constitution pledged to support the Democratic platform and candidates without qualification, and the national Democratic Party supports legal abortion and and same-sex marriage. A Republican pro-choice group would not get recognition or funding. A Republican group that supports same-sex marriage would not get recognition or funding.

As Chancellor Falwell wrote: "Parents and students support the University because they believe in its distinctly Christian identity and mission. Liberty University is pro-life and believes that marriage between one man and one woman provides the best environment for children. Liberty University will not lend its name or financial support to any student group that advances causes contrary to its mission."

If the Republican party platform expressed support for legal abortion and same-sex marriage, and the College Republicans' constitution said they would support the Republican platform and candidates without qualification, they too would receive the same treatment. My bet is that once they alter their constitution to limit their support to Democratic candidates and platform planks that are pro-life and support traditional marriage, neither recognition or funding will be an issue.

Brad Pardee

----- Original Message ----- From: "Ed Brayton" <[email protected]>
To: "'Law & Religion issues for Law Academics'" <[email protected]>
Sent: Friday, May 29, 2009 2:34 PM
Subject: AU challenges tax exempt status of Liberty University


In the wake of Liberty U pulling recognition from the College Democrats
club, Americans United has written a letter to the IRS challenging their tax
exempt status. The letter says:



"Political clubs operating on campus often endorse and work on behalf of
candidates, and officially recognized clubs are eligible for funding through student-activity fees. This decision by Liberty University effectively means
that only the Republican club, which works to elect Republicans, will
receive funding. The university's decision offers Republican candidates a
type of in-kind contribution that is not being made available to Democratic
candidates."



http://www.au.org/media/press-releases/archives/au-letter-to-irs-re-liberty.
pdf



Any thoughts on whether they have a strong case here?



Ed




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