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View Diary: The Hate Subsidy (45 comments)

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  •  The Public Policy Exception (6+ / 0-)

    A prohibition against exemption for racially discriminatory policies, even in a religious context, exists already.  See the Bob Jones University Case:

    Opinion:  

    http://www.law.cornell.edu/...

    Concur:

    http://www.law.cornell.edu/...

    The exception is VERY narrowly applied - only really to racial discrimination at this point.  The Court goes through great pains to determine that really there is no disagreement as a matter of public policy about racial discrimination.

    As much as we may wish to believe to the contrary, the level of uniformity of opinion with regard to other issues (climate change, gay rights) does not quite give rise to a public policy exception as a legal matter.  Moreover, as others rightfully point out, the dangers of having the IRS endorse some points of view but not others is extraordinarily disturbing.

    See also National Alliance v. Commissioner (denial of exemption for a white supremecy group)

    http://openjurist.org/...

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