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re: A little nugget about this same sex marriage bill

Posted on 11/29/22 at 5:47 pm to
Posted by Swazla
Member since Jul 2016
1469 posts
Posted on 11/29/22 at 5:47 pm to
Uh there’s a little thingy about church snd state that will knock that BS down.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 5:49 pm to
quote:

Uh there’s a little thingy about church snd state that will knock that BS down.



It's not in the bill to begin with.

quote:

—Nothing in this Act, or any amendment made by this Act, shall be construed to deny or alter any benefit, status, or right of an otherwise eligible entity or person, including tax-exempt status, tax treatment, educational funding, or a grant, contract, agreement, guarantee, loan, scholarship, license, certification, accreditation, claim, or defense, provided such benefit, status, or right does not arise from a marriage.
Posted by mikeybates
Member since Sep 2020
238 posts
Posted on 11/29/22 at 5:51 pm to
This is from the bill. It specifically protects tax-exempt status from being impacted by this bill.

Right, as I said, that just means that this bill does not require revocation of tax-exempt status. It doesn't say that the IRS may not revoke the tax-exempt status of an institution because of its view of marriage, only that the IRS cannot rely on the bill when doing so. The IRS does not need specific statutory authorization to do any of this, though. It already has the authority to revoke tax-exempt status. It can just revoke and see what the courts do.

Mike Lee's amendment would have forbidden revocation because of views about marriage. So why did the Democrats oppose it, if revocation for that reason is already forbidden by the bill? Because they know that it isn't, and they want to be able to eventually use the IRS to threaten religious institutions.

Again, maybe the courts will say that it is unconstitutional to revoke the tax-exempt status of a school because of their views of same-sex marriage. We don't know. We do know that in the past the Court has said that revocation is okay (the Bob Jones case), and we also know that a statutory prohibition would (probably) prevent it from happening.
This post was edited on 11/29/22 at 6:05 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99716 posts
Posted on 11/29/22 at 5:56 pm to
frick Anthony Kennedy with an AIDS dick.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 6:01 pm to
So to summarize, this bill does nothing to change the current status quo regarding tax exempt status.

You're looking for something unrelated to what this bill is about.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99716 posts
Posted on 11/29/22 at 6:04 pm to
quote:

So to summarize, this bill does nothing to change the current status quo regarding tax exempt status


The status quo clearly changes with this bill. Whether it results in action by a hyperpoliticized IRS is an open question. It affords ZERO protection to individuals/businesses from BAKE THE frickING CAKE assholes.
This post was edited on 11/29/22 at 6:04 pm
Posted by jimmy the leg
Member since Aug 2007
34910 posts
Posted on 11/29/22 at 6:07 pm to
quote:

Registered on: 11/11/2022


Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 6:09 pm to
quote:

The status quo clearly changes with this bill. Whether it results in action by a hyperpoliticized IRS is an open question. It affords ZERO protection to individuals/businesses from BAKE THE frickING CAKE assholes.



It doesn't protect them or harm them. This bill requires the fed govt and each state to recognize a gay marriage from a state that permits such marriages. That's it.

Posted by udtiger
Over your left shoulder
Member since Nov 2006
99716 posts
Posted on 11/29/22 at 6:10 pm to
quote:

It doesn't protect them or harm them. This bill requires the fed govt and each state to recognize a gay marriage from a state that permits such marriages. That's it.


You are either hopelessly naive, or intentionally ignorant.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 6:12 pm to
Or I read the actual bill itself.
Posted by Errerrerrwere
Member since Aug 2015
38500 posts
Posted on 11/29/22 at 6:13 pm to
quote:

Wow and the typical RINOs voted for it too.




Cassidy voted against it bc his vote doesn't even matter!
Posted by mikeybates
Member since Sep 2020
238 posts
Posted on 11/29/22 at 6:13 pm to
So to summarize, this bill does nothing to change the current status quo regarding tax exempt status.

You're looking for something unrelated to what this bill is about.


Well because the Democrats apparently want to revoke tax-exempt status in the future (Beto O'Rourke said as much in 2019 during a primary debate) they will not vote for a bill to protect it. So yeah, part of leverage with this bill should have been to protect tax-exempt status in a compromise bill.

More than that, the IRS will not claim that the law requires revocation: there is no need to "construe" it to do so, so the fact that there is a provision saying it cannot be so construed is not meaningful. Instead, the IRS will argue that it indicates 'fundamental public policy' on the issue, and that would be part of their justification for revocation.

As I said, though, if the supporters of the bill did not want tax-exempt status revoked, why wouldn't they just agree to the amendment preventing that?
Posted by Taxing Authority
Houston
Member since Feb 2010
57517 posts
Posted on 11/29/22 at 6:18 pm to
quote:

It turns out that the new bill allows the IRS to revoke the tax exempt status of churches who hold fast to biblical doctrine on this issue.
Same sex marriage was deemed into law by SCOTUS. this isn’t a “same sex marriage” bill. It’s an anti-religion bill. But… for many thst was the goal all along.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 6:22 pm to
quote:

As I said, though, if the supporters of the bill did not want tax-exempt status revoked, why wouldn't they just agree to the amendment preventing that?


To keep the bill focused on its intent and not get into areas that aren’t impacted by the bill in the first place?
Posted by Vacherie Saint
Member since Aug 2015
39685 posts
Posted on 11/29/22 at 6:24 pm to
Why can’t we just have a clean bill that allows tax benefits to household cohabitants?
This post was edited on 11/29/22 at 6:26 pm
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 6:28 pm to
This bill is like 4 pages long. It’s pretty concise.
Posted by Vacherie Saint
Member since Aug 2015
39685 posts
Posted on 11/29/22 at 6:39 pm to
Apparently not concise enough if it goes after churches for political wrongthink.

Just drop the marriage moniker and allow household cohabitants to file jointly. It’s “one page” simple.
Posted by mikeybates
Member since Sep 2020
238 posts
Posted on 11/29/22 at 6:43 pm to
To keep the bill focused on its intent and not get into areas that aren’t impacted by the bill in the first place?


Okay, but if they opposed revocation, they would have agreed to it. It's common for bills to have many different provisions, including unrelated provisions. And almost all of the Republicans who voted in favor of the bill voted for Mike Lee's amendment, too.

Again, if your view is that the IRS should revoke the tax-exempt status of Christian schools, because they have specific dating or housing policies, then it would make sense to oppose a provision to prevent that.

Maybe that won't happen, I guess we'll see. The Civil Rights Act was supposed to prevent quotas -Hubert Humphrey said he would eat his hat if it did- but of course it eventually produced quotas. Laws have all sorts of unintended consequences, unless specific language is included to prevent those consequences.
This post was edited on 11/29/22 at 6:44 pm
Posted by Diamondawg
Mississippi
Member since Oct 2006
32502 posts
Posted on 11/29/22 at 7:46 pm to
quote:

It turns out that the new bill allows the IRS to revoke the tax exempt status of churches who hold fast to biblical doctrine on this issue.

Mittons. You're up.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23215 posts
Posted on 11/29/22 at 7:56 pm to
quote:

Apparently not concise enough if it goes after churches for political wrongthink.


It doesn’t. The only language in the bill about religion is a protection for religion from this very bill.
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