A Legal Perspective: Does Same-Sex Marriage Mean the End of Tax Exemption for Churches and Religious Institutions?

A Legal Perspective: Does Same-Sex Marriage Mean the End of Tax Exemption for Churches and Religious Institutions?

Tax exemption for religious institutions “is going to be an issue.”

These are the words of President Obama’s Solicitor General Donald Verilli when he was asked during oral argument in Obergefell v. Hodges whether a school could retain tax exempt status after engaging in “discrimination” for not approving of same-sex marriage.

In the wake of Obergefell, in which the Supreme Court held that states must license same-sex marriages and recognize such licenses issued by other states, some advocates quickly moved on to new territory, calling for the revocation of tax exemption for religious institutions and churches that do not support same-sex marriage.

But do those calling for tax exempt status to be revoked really have a case?

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