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Should the government deny tax breaks to churches that don't recognize gay marriage?
During last week's CNN Town Hall, presidential candidate Beto O'Rourke answered this question in the affirmative:
“Yes. There can be no reward, no benefit, no tax break for anyone or any institution in America that denies the full human rights and the full civil rights of every single one of us. So as president, we’re going to make that a priority, and we’re going to stop those who are infringing on the human rights of our fellow Americans.”
If put into action, it’s a near-certainty that the constitutionality of O’Rourke’s plan would be challenged in the courts, including the highest one.
In Speiser v. Randall (1958), the Supreme Court issued a 7-1 ruling that prohibits the denial of tax exemptions to individuals or organizations based on the viewpoint they communicate. The case concerned the state of California’s denial of a veteran’s tax benefit because they refused to swear an oath not to illegally overthrow the government.
While the government can’t deny a tax benefit to an organization because of the viewpoint it advocates, it can deny tax benefits based on actions taken. In Bob Jones University v. U.S. (1982), SCOTUS ruled 8-1 that the IRS was allowed to deny the tax-exempt status of private, religious schools that implemented policies to prohibit interracial dating or marriage, or maintained a racially discriminatory admissions policy.
Do you support efforts to deny tax benefits to churches that don't recognize gay marriage?
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