October 25, 2008


Could gay couples sue IRS over LDS’ Yes on Prop 8 activities?

Sue’s thoughts: sue the IRS to compel stripping the Mormon Church of their tax-exempt status.  It might work, because their Yes on Prop 8 activities appear to violate laws forbidding non-profits to engage in political activity. She specifically focuses on who might have the right to sue:

In the 1980’s, Abortion Rights Mobilization and other plaintiffs sued the IRS in an attempt to compel the revocation of the Catholic Church’s tax exempt status under 501(c)(3).

The Catholic Church had been campaigning vigorously against abortion rights, and pouring a lot of money into their cause.

The case went all the way to the Supreme Court, which held that the plaintiffs had no legal standing to bring the suit.

As I understand it, “standing” is the right to initiate or participate in a legal action.

NY Times

Under Supreme Court doctrine, those bringing lawsuits in Federal court must first demonstrate that they have standing to sue, usually by showing that they have suffered in some concrete way.

In the earlier Appeals Court decision, the judges determined that some of the plaintiffs had no injury beyond their “discomfiture at watching the Government allegedly fail to enforce the law with respect to a third party,” and that the abortion rights organizations did not have standing as competitors because by refraining from political activity, “they choose not to compete” with the church.

In the current matter, churches (LDS most prominently) seek to curtail the ability of the state to govern civil unions, and the ability of same-sex couples to marry. They wish to deny a plethora of legal benefits that go hand-in-hand with being married under the law.

Hence, you have injured parties, not hypotheticals.

I am not an attorney, I am a forensic accountant. Therefore I cannot argue the issue of legal standing vis-a-vis same-sex marriage. But it seems worth asking a civil rights attorney about.

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Is Mormon Church involvement in Yes on 8 violating tax-exempt statutes?

Aren’t there laws against religions becoming directly involved in political activities? The Mormon Church has raised $10 million for Yes on 8, has pressured members to phone bank and donate, and the campaign has threatened businesses that donated to No on 8. Now they’ve been - uh - outed, they are backing down. Guess they didn’t expect to get so much unwanted publicity.

Well heck, let’s give them lots more. Let’s see if the Mormon Church has violated tax-exempt statutes by being so directly involved. And if so, then yank their non-profit (and tax-free) status.

From the IRS on the tax exempt status of organizations, emphasis added.

Section 501(c)(3) describes corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literacy, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in section (h)), and which does not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

IRS Publication 1828 page 5

Substantial Lobbying Activity
In general, no organization, including a church, may qualify for IRC section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). An IRC section 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

No on Prop. 8. Get involved now.

Update: As for who specifically could sue, Sue asks Could gay couples sue IRS over LDS’ Yes on Prop 8 activities?

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Pass the popcorn, it’s Republican Fight Week



Palin’s ‘going rogue
,’ McCain aide says

“[Palin] is a diva. She takes no advice from anyone,” said this McCain adviser. “She does not have any relationships of trust with any of us, her family or anyone else.

A Palin associate, however, said the candidate is simply trying to “bust free” of what she believes was a damaging and mismanaged roll-out.

Here I thought the upcoming final week of campaigning would be all thunder and fury (and I suppose it still could be), but instead it appears we will be treated to the spectacle of the Republican candidates attacking each other instead.

Let’s Get Out the Vote in massive numbers and make sure the neocon agenda lies dead and buried on Nov. 4.

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MC Yogi: Obama ‘08 - Vote for Hope

This is amazing. Effective and hopeful too. Hip hop for Obama.

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No on Prop. 8. We have the momentum now

The No on Prop 8 forces are making a major push, and are being endorsed by clergy, the Chancellor of UC Berkeley, Republican politicians, Apple Computers, and many others. The co-founders of Google have donated major sums. We have the initiative and the momentum now. Let’s defeat this vile proposition.

Towleroad has the latest.

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Wassup 2008

He’s sitting in his foreclosed home talking to a soldier friend in Iraq as someone upstairs tries to hang himself as the stock market tanks, a hurricane hits someone buzzing the door outside, and someone helping him move can’t afford pain killers for his broken arm. The soldier asks, “Wassup?” He looks at the TV and sees Barack and Michelle Obama at the convention, smiles and says, “Change”

Some fear Obama will be just another Tony Blair, the great progressive hope who turned out to be anything but. An Obama presidency will mark the end of the neocon agenda and the return of a belief in science as well as rationality to the White House. He is not an ideologue. As for the sky-high hopes, yeah, the country is ready for change. And I believe we will get it. The partying in the streets on Nov. 4 won’t just be Democrats in the US. The whole world is watching and hoping about this election too.

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