I don’t have anything right at hand. The argument is being made here, for example, in connection with the City getting rid of real property tax exemptions, which they are already inclined to do because of financial problems. The legal argument relates to what is known as the Bob Jones University case that was a number of years ago. Bob Jones University, a fundamentalist religious university, lost its IRS tax exemption because of its belief that there should not be dating or marriage between races, and that was in their student code of conduct. The IRS revoked their tax exempt status on the ground that its racially discriminatory policies disqualified it as a bona fide charity that should be given tax exempt treatment. Now that same argument is being made as to churches that will not allow gays as members, clergy or to have same sex ceremonies there. Here’s one website that you can go to that has a bunch of stuff on that Bob Jones case:
oyez.org/cases/1980-1989/1982/1982_81_3 The U.S. Supreme Court held that the fundamental right not to have racial discrimination overrode the First Amendment protection of religion.
So you can see this coming down the pike in this area as well. The basic premise is that a tax exemption is a privilege given to religious institutions, not a right, and can be revoked by government if it chooses. For example, this is why churches also supposedly cannot engage in partisan political activities, because IRS can revoke their tax exempt status if they do so.
No, we’re dealing with this right now in our State Legislature. Hawaii passed civil unions legislation last year, without a religious conscience clause for churches or individuals, other than ministers would not be forced to perform civil unions, but it said nothing about churches not having to open their facilities for such ceremonies. Efforts are being made to try to add such language in, but one disturbing thing is I understand that both the Attorney General’s office and the Civil Rights Commission in testimony have taken the position that churches are “public accommodations,” so therefore have to comply with non-discrimination laws.
In case you think this sounds crazy, there is ongoing litigation in New Jersey where the Methodist Church has now been compelled to allow gay marriages on one of their facilities, on two grounds: (1) they had made the facilities open to the public, and (2) had been given a real property tax exemption for the property. Google “Ocean Grove Camp Meeting Association case” or for a taste, you can go here:
aclu.org/lgbt-rights/judge-rules-favor-same-sex-couple-discrimination-case , or here,
npr.org/templates/story/story.php?storyId=91486340
The strategy by the gay activists is two-fold. Either: (1) you must totally open churches to homosexuals, with “equal rights,” or (2) you can no longer make your properties open to the public, including inviting the public to attend your worship services.
This situation is a lot closer to being forced on the churches than people realize.