Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Marty Lederman
Also, the SG's answer was virtually risk-free. He had only two audiences -- Justice Kennedy and the public. And his argument was, IMHO, pitch perfect as to both of those audiences, elegant and powerful; one of the best I've ever heard. Justices Scalia and Alito might be worried about the Bob

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Ira Lupu
Is there information about Gordon College more recent than this: http://www.worldmag.com/2015/03/review_board_gordon_college_accreditation_not_at_risk The IRS is already under tremendous political pressure over treatment of political advocacy groups. The idea that it will choose now to go after

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Steven Jamar
Is there an IRS provision that would require the loss of tax exempt status as in Bob Jones? On Apr 29, 2015, at 9:39 PM, Brad Pardee bp51...@windstream.net wrote: In an article from the Weekly Standard, the question was raised about the implications for religious organizations losing their

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread James Oleske
Quick correction to my email below -- in point 2, the dissent of two justices should read the dissent of one justice (I was also reading Runyan today, in which both White and Rehnquist dissented, and I confused that case in my mind with Bob Jones, in which only Rehnquist dissented). - Jim On Wed,

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Ira Lupu
Whether or not the SG could or should have answered differently, we can think about this with clear heads. I don't know what the level of scrutiny has to do with this question of tax exemption. Unmarried students at religious colleges have a right of sexual privacy against the state, but not

Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Brad Pardee
In an article from the Weekly Standard, the question was raised about the implications for religious organizations losing their tax-exempt status if they continue to oppose same-sex marriage. The article talked about the case of Bob Jones University v. United States (1983), where they lost their

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Michael Worley
As far as I know, no one thinks these schools will be in danger immediately, but the accreditation issues arising (Gordon College, for one) seem foreshadowing pressure on religious schools to change their policies on sexual orientation. Why should we be confident in 2022 under a democratic

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread James Oleske
As far as I know, no one thinks these schools will be in danger immediately Professor Michael Greve, in a piece on the Law and Liberty blog that has been excerpted favorably in relevant part on the CLR Forum, argues that the threat will be immediate on July 1 if the Court rules in favor of

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Michael Worley
Chip and James, Why aren't threats to take away accreditation (at Gordon College) indicative of future tax-exempt issues? I'll stipulate the IRS hasn't extended Bob Jones a bit since, but I suspect you could say the same about any accreditation fights. What logic (even if you disagree with it)

RE: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Volokh, Eugene
It sure is a way to whip up fear among people with traditional beliefs. But fear may often be perfectly logical, and a sound stimulus to political action. The gay rights movement has been trying hard to stigmatize sexual orientation discrimination, and hostility to

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Michael Worley
Given this administration's position on sexual orientation articulated in *CLS*, along with the Gordon College issue, if it hasn't happened in 30 some years, seems to me a narrow and ultimately unpersuasive argument as to why it won't happen as a policy issue. On Wed, Apr 29, 2015 at 9:36 PM,

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Michael Worley
At least initially, there was exactly such a threat on Gordon. http://www.bostonglobe.com/metro/2014/07/11/agency-review-whether-gordon-college-antigay-stance-policies-violate-accrediting-standards/Cti63s3A4cEHLGMPRQ5NyJ/story.html And Trinity Western in Canada is faring worse.

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Brian Landsberg
It is pretty sad that the SG could not answer the question. My recollection is that Bob Jones did not lose its tax exempt status for its beliefs, but for making inter-racial dating grounds to deny admission. The IRS regs applied to schools, not to churches. Sent from my iPad On Apr 29, 2015,

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Michael Worley
Those distinctions are not important-- some colleges forbid same-sex dating. On Wed, Apr 29, 2015 at 10:24 PM, Brian Landsberg blandsb...@pacific.edu wrote: It is pretty sad that the SG could not answer the question. My recollection is that Bob Jones did not lose its tax exempt status for

Re: Religious organizations, tax-exempt status and same-sex marriage

2015-04-29 Thread Steven Jamar
If I understand the question correctly, the question is whether standards will change and whether new demands will be made at some time in the future? The answer is “of course.” Of course people will agitate for more. And others will ask will ask for more. Witness the religious claims of