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  •  Bob Jones University? (0+ / 0-)

    Maybe you missed that case.  

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Fri Apr 26, 2013 at 04:22:22 PM PDT

    [ Parent ]

    •  Maybe you missed Hosanna-Tabor (0+ / 0-)

      it's more recent than Bob Jones.

      And Bob Jones was a denial of tax exempt status case addressing an IRS revenue ruling from the case:

      The revised policy on discrimination was formalized in Revenue Ruling 71-447, 1971-2 Cum.Bull. 230:

      Both the courts and the Internal Revenue Service have long recognized that the statutory requirement of being "organized and operated exclusively for religious, charitable, . . . or educational purposes" was intended to express the basic common law concept [of "charity"]. . . . All charitable trusts, educational or otherwise, are subject to the requirement that the purpose of the trust may not be illegal or contrary to public policy.

      Based on the "national policy to discourage racial discrimination in education," the IRS ruled that

      a [private] school not having a racially nondiscriminatory policy as to students is not 'charitable' within the common law concepts reflected in sections 170 and 501(c)(3) of the Code.

      and in Bob Jones, it was about this compelling government interest:  
      The governmental interest at stake here is compelling. As discussed in Part II-B, supra, the Government has a fundamental, overriding interest in eradicating racial discrimination in education [n29] -- discrimination that prevailed, with official approval, for the first 165 years of this Nation's constitutional history. That governmental interest substantially outweighs whatever burden denial of tax benefits places on petitioners' exercise of their religious beliefs. The interests asserted by petitioners cannot be accommodated with that compelling governmental interest, see United States v. Lee, supra, at 259-260; and no "less restrictive means," see Thomas v. Review Board of Indiana Employment Security Div., supra, at 718, are available to achieve the governmental interest
      That was enough to justify an IRS rule excluding schools that discriminate from the definition of "charitable institution" under 501(c)(3).  
      •  Wait. We've had this discussion before. (0+ / 0-)

        Now I remember.  You defended racism, so long as the racist claimed his or her bigotry was based in religion.  So I guess I really shouldn't be surprised that you'd defend homophobia, when that homophobia also claims a basis in religion.

        So that's where we part company.  I can't and won't defend bigotry, even if those practicing it claim divine inspiration.  

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Fri Apr 26, 2013 at 05:48:09 PM PDT

        [ Parent ]

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