From CNS News.com (Oct. 14):
Former Rep. Beto O’Rourke expressed the deep, heartfelt desire of many progressives: to punish conservative religious people for their beliefs. At a CNN Town Hall on Thursday, he was asked if he believed that “religious institutions like colleges, churches, charities” should “lose their tax-exempt status if they oppose same-sex marriage.”Other religious freedom articles:
“Yes,” said O’Rourke, an answer met with raucous applause and loud cheers from the Democratic crowd. “There can be no reward, no benefit, no tax break for anyone or any institution, any organization in America that denies the full human rights and the full civil rights of every single one of us.”
Although the progressive audience enthusiastically and overwhelmingly supported O’Rourke’s proposal, it was later criticized by legal experts and religious people. Progressive commentators responded by going into damage-control mode. Recognizing that O’Rourke’s proposal might be unpopular with the broader public, commentators aligned with the Democratic Party sought to downplay its significance. They pointed out that O’Rourke is a second-tier presidential candidate with little hope of becoming president.
But O’Rourke’s proposal plainly is popular with the progressive base of the Democratic Party, and other candidates at the CNN Town Hall made no effort to distance themselves from O’Rourke’s position. In response to the same question, Sen. Cory Booker said that religious institutions would face “consequences,” and that he would “press this issue.” Booker avoided “saying” whether he would take away their tax-exemptions, “because … this is a long legal battle.”
Most legal commentators said that O’Rourke’s proposal is unconstitutional under Supreme Court rulings like Speiser v. Randall (1958). Those rulings forbid withholding tax exemptions based on the viewpoint advocated by a person or organization. Such viewpoint discrimination is forbidden by the First Amendment. [read more]
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