IRS: Religious Colleges Can Still Keep Tax-Exempt Status While Discriminating Against Gays

The IRS is promising to turn a blind eye to religious schools, colleges, and universities that continue to practice anti-gay discrimination.

The IRS has absolutely no plans or intention to take away the tax exempt status of religious schools, colleges, or universities that practice discrimination against LGBT people. IRS Commissioner John Koskinen made the commitment – surprising in the wake of the Supreme Court’s June 26 ruling that same-sex couples have a constitutional right to marriage – at a Senate hearing last week under examination by GOP Senator Mike Lee.

“Will you commit to me that while you remain on as the commissioner,” Sen. Lee, one of many Republicans calling for President Obama to fire Koskinen, “you will not in the absence of a directive by Congress or by the courts, take any action to remove the tax-exempt status from religious colleges and universities based on their belief that marriage is between a man and a woman?”

Commissioner Koskinen responded, “I can make that commitment.”

Conservatives and the religious right, back in April during oral arguments on marriage at the Supreme Court, seized on a comment made by Solicitor General Donald B. Verrilli when asked about religious colleges losing their tax-exempt benefits. Verrilli had said, “it’s certainly going to be an issue. I don’t deny that.”

According to Koskinen, it will not be an issue, at the very least for years to come.

Should the federal government choose to even think about removing the tax-exempt status of religious educational institutions, the IRS and Treasury would work together and ensure public input.

“There would be no surprises. We’re not sneaking up on anybody,” Koskinen promised. “The public would have plenty of notice and plenty of opportunity to comment, and that’s not going to happen in the next two and a half years,” he insisted.

Sen. Lee is pushing a bill, the First Amendment Defense Act, which would ensure religious organizations are permanently protected in their choice to discriminate against LGBT people.

 

Image: Screenshot via senatormikelee/YouTube