DOMA Supreme Strikedown Could Lead to Loss of Non-Profit Status for Traditional Religions

Welcome to Progressivism, where insecurity and tyranny make an unlovely combination.


The left's War on Marriage has been won.

Once all the cake shops have been intimidated and every state and government agency is holding its own pride events, look for this to be the next frontier in gay rights. And if you think it can't happen, few thought that religious groups could be forced to fund abortions for their employees.

Welcome to Progressivism, where insecurity and tyranny make an unlovely combination.

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 and synagogues 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.

It seems inconceivable, but so far we've had cake shops and photographers sued for turning down gay marriage events and a church was targeted because it refused to allow the use of its property.

The Boy Scouts are on the way being beaten. The next target will be religious schools of any kind. And then come the actual institutions. When they came for the cake shops, I didn't speak up, etc.

Tags: gay rights