Alabama joins states urging Congress to protect religious orgs. in wake of gay marriage ruling

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July 6, 2015

MONTGOMERY, Ala. — Alabama is now listed among a group of 15 states urging Congressional leaders to protect the tax-exempt status of religious organizations in the wake of the U.S. Supreme Court’s same-sex marriage ruling.

In a letter to U.S. Senate Majority Leader Mitch McConnell (R-KY) and U.S. House Speaker John Boehner (R-OH), Alabama Attorney General Luther Strange and his fellow attorneys general expressed concerns that the Internal Revenue Service may deny tax-exempt status to religious groups in the wake of the Obergefell v. Hodges decision.

“Under the First Amendment to the U.S. Constitution, citizens have the right to exercise their religion freely without government pressure to change their minds or penalties for unpopular beliefs,” the attorneys general wrote. “The U.S. Solicitor General recently indicated, however, that the federal government might decide based on Obergefell that certain religious organizations no longer qualify as tax-exempt organizations under the Internal Revenue Code and also that contributions to these organizations are not deductible as charitable contributions. We take very seriously the religious freedom of our States’ citizens and believe that Congress should take action now to preclude the IRS from targeting religious groups in this way.”

In addition to Attorney General Strange, the letter was signed by the chief legal officers of the states of West Virginia, Arizona, Arkansas, Georgia, Idaho, Kansas, Louisiana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah and Wisconsin.

During oral arguments on the same-sex marriage case, Supreme Court Justice Samuel Alito voiced concerns that the tax-exempt status of religious institutions could face heightened scrutiny if the Court created a Constitutional right for same-sex couples to get married. Solicitor General Donald B. Verrilli Jr., who argued the case for the Obama administration, conceded “it’s certainly going to be an issue. I don’t deny that.”