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On Calls to Revoke LDS' Tax-Exempt Status

November 9th, 2008 · 8 Comments

Consider the following correction in Sunday’s Washington Post:

Because of an editing error, the Nov. 7 op-ed column “Vows That Can’t Be Voted Down” incorrectly suggested that the Mormon Church had contributed funds to efforts to pass Proposition 8, the constitutional amendment to ban same-sex marriage in California. The op-ed should have said “members of the Mormon Church.”

That is, in fact, an important distinction — one that illustrates the impropriety of calling for the revocation of the Mormon Church’s tax-exempt status.

The “Mormon” funding for Prop 8 simply did not come from the soulless cretins who run the cult — it came, pretty much in toto, from rank-and-file congregants. These misguided victims of Mormonism’s lies are of course private citizens deploying their private wealth as they see fit and as they have every right to do.

The fact that the soulless cretins who run the cult ordered their local drones to read an edict to their congregant-victims instructing them to hypocritically oppose fair and equal for an insular minority doesn’t change the analysis either, since the Internal Revenue Code only places limit on endorsing particular candidates and not issue advocacy. (The counterargument that LDS engaging in impermissible “lobbying” is also too much of a stretch.)

Court challenges are one thing. Public shaming is one thing. Invoking the tax code is another thing altogether — and doomed to fail. Those disgusted by the soulless cretins who run the Mormon cult should stick to what actually has a chance of working.

Previously:
Is Planned Parenthood Violating its Tax-Exempt Status?
CRS Recommendation: Political Activity by Tax-Exempt Institutions
Theocrat Clerics to Stage Frivolous Tax Protest Stunt
Tax Exemption Abuse Receiving More Scrutiny


Tags: First Amendment - Religion · First Amendment - Speech · Gay Rights and Issues · Law · Society, Religion, Culture Wars · Taxation & Fiscal Policy


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8 responses so far ↓

  • Link Brian Miller // Nov 9, 2008 at 9:35 pm

    I'm not sure I agree.

    First, the Mormon Church did direct funds in support of Prop 8.

    Secondly, they provided resources — including space and call centers — for lobbying on a specific piece of legislation.

    Third, they DID lobby for a specific piece of legislation in their daily operations.

    Fourth, I won't shed even a small tear if the Mormons are tied up in IRS investigations for the next two years. Couldn't happen to a nicer group.

    Mean? Perhaps even unlibertarian? I guess. But hey, if the Libertarian Party can nominate Bob F'ing Barr, then I can be uncharitable towards a powerful, well-funded bigot organization.

  • Link Brian Cavner // Nov 9, 2008 at 10:53 pm

    I've heard from other news sources that the church itself did donate money, and even reference the amount specifically (e.g. http://www.sltrib.com/news/ci_10842051 )

    Even without this damning fact, its accepted truth (as far as I know) that the LDS church presidency sent a letter to LDS bishops that which was read aloud in all California State LDS Churches that instructs members to "do all you can to support [Proposition 8] by donating of your means and time." ( http://wikileaks.org/leak/first-presidency-letter-california.pdf/ ). That strikes me as a not-insubstantial lobbying effort.

    Even if the effort fails, I'd certainly prefer the IRS to scrutinize their practices.

  • Link Jackson H // Nov 9, 2008 at 11:11 pm

    Although I don't know how asking the IRS to revoke the LDS Church's tax exempt status will turn out, I personally believe that they made the Prop 8 battle such a substantial part of their activities as to have violated the laws restricting nonprofits' political advocacy. Even if this results in nothing, it still feels good to complain about the #1 proponent of Prop 8.

    The Church did, if fact, contribute at least $2000 directly the Yes campaign, and participated in a lot more campaigning activities that you seem to be aware of here.

    If you're curious about the Church's other Prop 8 campaigning activities, I've made a blog post that details much of it: http://www.civlib.com/2008/11/how-to-file-complaint-asking-irs-to.html

  • Link Derek M // Nov 10, 2008 at 1:07 am

    The LDS church clearly operated as a POLITICAL MACHINE in a well-organized and well-publicized manner. It SHOULD BE STRIPPED OF IT'S TAX-EXEMPT STATUS.

  • Link Rev Wright // Nov 10, 2008 at 1:37 am

    A Gay Man from The Daily Kos says…

    There is no chance in hell that the IRS will even seriously consider stripping the Mormon church of its tax-exempt status. In order to strip the church's 501(c)(3) status, it would have to be shown that a "substantial part" of the Mormon church, as a whole, is devoted to influencing legislation. By any measure, the church's involvement here is not a "substantial part" of the church's overall operations. For example, courts have held that when less than 5 percent of an organization's activities are devoted to lobbying, it is presumptively not a "substantial part." Seasongood v. Commissioner, 227 F.2d 907. Does anyone really think that the Mormon church devoted more than 5 percent of its global activities to influencing Prop 8?

    Legal arguments aside, any progressive should be repulsed by the ultimate goal of the campaign to strip the Mormon church of its tax-exempt status. After all, its not the tax-exempt status that we're after. The goal here is to stifle the right of religious groups to speak (and act) as they choose. I am as disgusted as anyone about what the church said about my community and my marriage to Brian. But are we really willing to go so far as to say that they shouldn't be allowed to speak because we disagree or detest what they have to say? It is sophomorically cliché, but I will quote Voltaire anyway: "I disapprove of what you say, but I will defend to the death your right to say it."

    Honestly we are not going to strip Rev Wright's church for helping Obama . . . are we?

  • Link J. Philip Faranda // Nov 10, 2008 at 10:54 am

    Kip I see more than a little inconsistency in that "Fighter of H8" moniker and the characterizations that you make of those with whom you disagree.

    While this is not a benign difference in opinion between you and Mormons, Scouting, Catholics, etc and really is addressing oppression, two wrongs don't make a right (pun unintentional but interesting).

    There are those within these entities that dissent from orthodoxy. Scouting for All is a good one worth knowing about. There are lots of Catholics who deplore the Church's stance on gay people (and take shit for it). Change often comes from within, and those inside who side with you are people worth engaging.

  • Link Chuck // Nov 14, 2008 at 12:44 am

    Fred Karger at Californians Against Hate seems to have put together a pretty good case documenting the official church's contributions to the Yes on 8 effort.

    http://californiansagainsthate.blogspot.com/2008/11/sworn-complaint-filed-against-mormon.html

    While I agree the effort to revoke their tax status is probably futile politically, I'd still like to see the church's activities publicly documented so that this myth they've circulated about how it was all individual contributions can be stamped out once and for all. Even those who merely tithed contributed (indirectly) to the Yes on 8 campaign.

  • Link The Mormons Underwrote a Lot of Non-Money Contributions and Didn't Report Them | Brief Episode // Nov 14, 2008 at 4:23 pm

    [...] KipEsquire has written about the chances and likelihood of getting the Mormons on the IRS: …the Internal Revenue [...]