Politics & Policy

Obama’s Lawyer: Religious Institutions May Lose Tax-Exempt Status If Court Rules for Gay Marriage

Religious institutions could be at risk of losing their tax-exempt status due to their beliefs about marriage if the Supreme Court holds that gay couples have a constitutional right to wed, President Obama’s attorney acknowledged to the Supreme Court today.

“It’s certainly going to be an issue,” Solicitor General Donald Verrilli replied when Justice Samuel Alito asked if schools that support the traditional definition of marriage would have to be treated like schools that once opposed interracial marriage. “I don’t deny that.”

Alito was continuing a line of questioning started by Chief Justice John Roberts. “Would a religious school that has married housing be required to afford such housing to same­-sex couples?” Roberts had asked.

Verrilli tried to defer to the states on that point, but Roberts pressed him about the significance of the court’s ruling as it might pertain to federal law.

“There is no federal law now generally banning discrimination based on sexual orientation, and that’s where those issues are going to have to be worked out,” he said.

Most Popular

Law & the Courts

The Second(-Class) Amendment

Editor’s Note: The following is the fourth in a series of articles in which Mr. Yoo and Mr. Phillips will lay out a course of constitutional restoration, pointing out areas where the Supreme Court has driven the Constitution off its rails and the ways the current Court can put it back on track. The first entry ... Read More
World

The Brexit Crisis

After what seem like years of a phony war, British and European Union negotiators finally agreed on the terms of Britain’s departure from the EU earlier this week, and Theresa May announced it in the House of Commons. The deal covers more than 500 pages of legal and bureaucratic prose, and few but the ... Read More
U.S.

Friends of Elmer

Do you know what scares an American outdoorsman more than a grizzly bear? Twitter. In the late summer and early autumn, the hunting world had its eyes on the courts: The Trump administration had issued new guidance that would permit the hunting of brown bears (popularly known as grizzly bears), including in ... Read More