CNN recently carried a forum with some of the Democratic presidential candidates that highlighted LGBTQ issues, including how to prevent bullying of LGBTQ youths. But as a person of faith, I was struck by an exchange on the topic of religious beliefs. Former Texas Congressman Beto O’Rourke responded to a question about whether colleges, churches and charities should lose their tax-exempt status if they opposed same-sex marriage with a simple, “Yes.”
I applaud Utah Sen. Mike Lee, who subsequently tweeted, “We don’t want a government that punishes disfavored religious beliefs. Beto, take it back!” I support marriage equality, and I also strongly support the Constitutional principle that sincerely held beliefs must not be infringed on by the state.
O’Rourke’s statement endorsing the end of the tax-exempt status of religious organizations holding conservative views takes us down a treacherous path. I am a member of The Church of Jesus Christ of Latter-day Saints, but I am also aware that many churches, mosques, synagogues and religious communities hold a range of views — conservative to progressive — on some social issues. Democrats and Republicans alike often express support for these diverse groups, as when President Trump issued his widely panned Muslim travel ban, which was an inappropriate government intrusion on people of religious faith.
Discrimination of any kind, including against churches and people of faith, has no place in our free society. Revoking the tax-exempt status of some religious institutions based upon their beliefs is discrimination. The charitable exemption afforded by the tax code allows individuals and organizations to spend billions of dollars and donate hundreds of millions of hours of service in global efforts to support impoverished, disaster-stricken areas where help is desperately needed to save lives and rebuild livelihoods. Religious organizations have spent years building up infrastructure, volunteers and distribution networks to enable a rapid response in places where governments are dysfunctional or stretched thin. These religious groups do this without regard to the religious or nonreligious affiliation of those who are suffering.
Discrimination of any kind, including against churches and people of faith, has no place in our free society.
As another Democratic presidential candidate who participated in the forum — Sen. Elizabeth Warren — told reporters, “religious institutions in America have long been free to determine their own beliefs and practices.” She rejected the idea that religious institutions be required to participate in same-sex marriage in order to maintain their tax-exempt status.
I doubt that Beto O’Rourke’s legally questionable position would survive a court challenge. It’s hard to see an interpretation of the First Amendment’s free exercise clause that would let Congress grant tax exemptions to some churches and deny them to others because of particular beliefs. As Washington University Law and Religion professor John Inazu has written, “The federal tax exemption has long facilitated a diverse range of beliefs and practices, including some that we love and some that we loathe.”
I agree with those who say that civil society works best when we make the effort to understand and respectfully discuss others’ ideas, even when our personal beliefs differ. We live in a diverse society, and working together successfully requires that we partner with those with whom we sometimes disagree.
I support nondiscrimination in housing and employment for all Americans. Every American deserves equal treatment from their government, no matter who they are or what they believe. I also support religious liberty and would not punish houses of worship for their spiritual beliefs through federal tax policy. I join with Sen. Lee in saying, “Beto, take it back.”
U.S. Rep. Ben McAdams, a Democrat, represents Utah’s 4th Congressional District.