un-empathetic

Today the California Supreme Court upheld Proposition 8, the state same sex marriage ban that passed in November. The court did declare that the 18,000 marriages conducted before the ban remain legally intact but how much does this suck?

With their decision, the court basically has given over to the rule of the majority, but what if the majority is inspired by hate? What if that was the prevailing thought during the Civil Rights era? Hell, I’d still be sitting in the back of the bus. Today was just a shining example of the State Supreme Court lacking the courage to make the law work for everyone.

It’s interesting that this decision was passed down on the same day that President Obama chose his SCOTUS nominee, Sonia Sotomayor. The President had expressed his desire to have someone on the court who exhibited in his words, “empathy”. I suppose Judge Sotomayor fit that part of his criteria. Wouldn’t it be nice if all judges possessed that trait? Seems like it’s truly lacking in the California courts.

starrman

Proposition 8 supporters have unveiled their new secret weapon: Former Special Prosecutor Ken Starr. In a brief co-written by Starr and filed Friday, the Prop 8′s want to nullify the 18,000 or so same sex marriages conducted before the amendment passed in November.

There is never a good time for gatekeepers for the vast right wing conspiracy to resurface, and this is a bad time as any. Kudos to California Attorney Jerry Brown who filed his own motion proclaiming the Prop 8 amendment as unconstitutional, but it looks as if there’s going to be a real battle between left and right, gay and straight, bigotry and acceptance.

Starr has signed on to be the lead counsel when the case will be heard in March 2009. It’s both fitting and sad that the man who spent 40 million dollars trying to destroy the Clinton presidency will lead the fight to deny Gays and Lesbians their right to marry who they wish. How much money will be spent this time to push the right wing agenda? How long will others have to endure religion being used to bludgeon people into submission? Yes, the measure passed by 52% during the election; But remember what tactics the Prop 8′s used to get their point across. Fear and ignorance are formidable weapons and no one knows that better than Ken Starr.

The 501c3 and Proposition 8: two numbers that should go together.

According the the Internal Revenue Service:

Churches and religious organizations, like many other charitable organizations, qualify for exemption from federal income tax under IRC section 501(c)(3) and are generally eligible to receive tax-deductible contributions.

• the organization must be organized and operated exclusively for religious, educational, scientific, or other charitable purposes,

• net earnings may not inure to the benefit of any private individual or shareholder,
• no substantial part of its activity may be attempting to influence legislation,
• the organization may not intervene in political campaigns, and
• the organization’s purposes and activities may not be illegal or violate fundamental public policy.

So that includes the Morman Church,  Rick Warren’s Saddleback Church, Reverend Lou Engle of TheCall Christian Assembly, Reverend Fred Price of The Crenshaw Christian Center, and several other prominent pastors and churches that spoke openly and forcefully for the passing of Proposition 8. For those who have been in a daze lately, Proposition 8 is an amendment to ban gay marriage that was passed on Election Day here in California. Despite protests before and after the measure was passed, these ministers and organizations still decided to give money and to speak out publicly knowing full well that it was in violation of their IRS 501c3 status. The IRS code clearly states,

In general, no organization, including a church, may qualify for IRC section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). An IRC section 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.

..for their organizations to remain tax exempt under IRC section 501(c)(3), religious leaders cannot make partisan comments in official organization publications or at official church functions. To avoid potential attribution of their comments outside of church functions and publications, religious leaders who speak or write in their individual capacity are encouraged to clearly indicate that their comments are personal and not intended to represent the views of the organization. The following are examples of situations involving endorsements by religious leaders.

Also

Churches are also prohibited from passing out biased material that advocates on side of an issue or one candidate over another. Individual church leaders can speak publicly about their personal views about an issue or candidate but they cannot do so  during church functions or express their views in church publications

Now I don’t know about anyone else, but when the Morman church secretly funnels money to the Pro -Propostion 8 camp, or when Rick Warren and goes all over creation to voice his support of the measure, or when clergy is leading demonstrations for the measure-I think there are some serious violations going on here. And in my not so humble opinion, these organizations need to have their status stripped. If they want to go ahead and involve themselves in public policy regardless of that whole seperation of church and state thing, then they should pay taxes like everyone else.  But if they want to keep getting tax breaks then my suggestion is to zip it.

Opponents of the Prop 8 have not been dissuaded. Demonstrations are occuring all across the state. Even Governor Terminator declared that the fight isn’t over. A great way to fight for the individual civil liberty that this measure eliminates is to shut down the money and the mouthpieces behind it. Churches found in violation can have their tax-exempt status stripped and be subject to an excise tax. I encourage opponents to contact the IRS a file complaints. The web address is http://www.irs.gov and the toll free telephone number is 877-829-5500. Let your voices be heard for a change instead of those who have no business speaking for you at all.