In March, 2021 a wide receiver on a high school football team in California (yes, football in March?) took off her helmet after a scrimmage (not even an official game) and everyone discovered that the player was in fact female. The scrimmage was between a public school and a religious school. The religious school said they would not play the public school in any official games if there was a girl playing. Three years later, there is a bill in Congress to address the situation in favor of the school.
This was not even a trans-student-playing-sports situation. She was just a girl guilty of playing football while female. The player sued the religious school under Title 9 which says schools receiving federal assistance cannot discriminate on the basis of gender. The religious school is legally a nonprofit institution, so it does not pay taxes.
This is NOT the player who sued in California. This is Haley Van Voorhis, the first female non-kicker to play in an NCAA football game.
A California court, and a Maryland Court in a very similar case, have ruled that having nonprofit status with the IRS and not paying taxes does count as receiving federal assistance. Therefore, nonprofits would have to comply with regulations that apply when you receive federal assistance, such as those in Title 9 that prevent discrimination based on gender.
These cases will be appealed and the outcome could have implications for all nonprofit organizations, and churches are legally nonprofits (and so are we, by the way). That is why Senator Marco Rubio (R-FL) and Congressman Greg Steube (R-FL) introduced legislation to declare that having nonprofit status does not constitute receiving federal financial assistance.
Senator Rubio said, “I remain concerned by recent court decisions that could subject these organizations to burdensome federal regulations simply because they are tax-exempt. My Safeguarding Charity Act would protect these organizations from the government’s politicized battles so they can continue their vital work in our communities.”
Now let’s hear from Congressman Steube, who takes a less nuanced approach: “Due to multiple, radical judicial decisions targeting religious schools, Congress must now codify that an organization holding tax-exempt status is not to be considered as a recipient of federal financial assistance. The Safeguarding Charity Act will help prevent the weaponization of our judicial system against America’s houses of worship, religious schools, charities, and other non-profit organizations.”
There are quite a few federal programs that come with prohibitions against discrimination, which can include race, religion or lack of it, national origin, age, disability, marital status, or political affiliation, as well as sex. If churches, church schools, and other nonprofits need a bill that makes sure they can still discriminate when necessary, then I think we should let our representatives know we disagree. You can do that with this Action Alert.
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House Speaker Mike Johnson let a Catholic group hold a church service in one of his rooms in the Capitol. We had to send him a letter on that. You can read it here.
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We’re about four weeks away from Lobby Day! We will be fanning out across Capitol Hill in support of House and Senate bills that crack down on militias. The Christian nationalists populating militias don’t like the separation of church and state, want a more Christian government, and are willing to do something about it. Join us March 4 and 5. No requirements that you know anything about lobbying, or militias. We’ll get you ready. Learn more and register here.
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