Religious Groups Fear Potential Loss of Tax Exempt Status

A few years ago, the Supreme Court ruled that the IRS could constitutionally strip Bob Jones University of its tax exempt status because of the fundamentalist Christian school's practice of racial discrimination. Some religious groups think the same thing might eventually happen to them if government non-recognition of same sex "marriages" is constitutionally struck down.

"The issue of legalizing same-sex marriages in Massachusetts and California raises the question: Does this mean there will be cases brought against the Catholic Church for discrimination? I think it is the next step," said Flynn, who heads Your Catholic Voice, an activist group. "I don't think people will stop until the whole sacred institution of marriage crumbles."

Any threat to religious marriage between a man and a woman remains hypothetical today. But even homosexuals have acknowledged that the developments in Massachusetts and San Francisco arose quicker than they anticipated.

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While supporters of traditional marriage fear erosion at the religious level, Eugene Volokh, a University of California at Los Angeles law professor, said those fears might be exaggerated.

He said churches could raise a "significant constitutional defense" to keeping their tax-exempt status. He noted, for instance, the Catholic Church has faced criticism for years because it doesn't ordain women as priests.

"Churches, quite clearly, have the right to marry or not marry whoever they please," Volokh said. "Maybe somebody could sue them for discrimination in marriage, but the churches will certainly win."