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IRS Could Revoke Non-Profit Status for Religious Institutions over Same-Sex Marriage
Based on Wednesdayâ€™s Supreme Court ruling, in which the Court majority determined that the Defense of Marriage Actâ€™s federal definition of marriage had to incorporate state-based same-sex marriages, Internal Revenue Service regulations could be modified to remove non-profit status for churches across the country.
The DOMA decision makes clear that marriage is a state-to-state issue, meaning that religious institutions that receive non-profit status on the federal level but do not perform or accept same-sex marriages in states where it is legal could have non-profit status revoked. Furthermore, should the IRS move to revoke federal non-profit status for churches, synagogues and mosques that do not perform same-sex marriage more generally, the Court could easily justify that decision on the basis of â€śeradicating discriminationâ€ť in religious education.