O’Rourke says churches against gay marriage should lose tax benefits, draws backlash

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O’Rourke says churches against gay marriage should lose tax benefits, draws backlash
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Beto O’Rourke: Churches and other religious institutions that oppose same-sex marriage should lose their tax-exempt status.

In an e-mail, O'Rourke spokeswoman Aleigha Cavalier suggested the candidate had been misinterpreted, but did not elaborate on his position in detail.

It’s unlikely that efforts to end tax-exempt status for many religious organizations on the basis of opposition to same-sex marriage would pass legal muster given recent precedent upholding a variety of constitutional protections for churches, clergy and religious rituals.emphasized Marcia McCormick, a professor at St. Louis University School of Law, said there are some legal distinctions between belief and actions and between religiously affiliated institutions like colleges, which courts have ruled"There is kind of a continuum," she said."Religious beliefs alone about religion are the most protected, secular kinds of actions are least protected."

“If that isn’t a religious freedom violation, I don’t know what is,” he said. “It’s so facially unconstitutional that it’s hard for people to believe there isn’t ill will involved in even suggesting it.”

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