ADF to activist group: Stop Threatening Maine Diocese Over Marriage

ADF attorneys send warning letter to San Diego group that reported Catholic Diocese of Portland to IRS over support of marriage
Friday, May 29, 2009
From http://www.alliancedefensefund.org/news/story.aspx?cid=4967

SAN DIEGO — Alliance Defense Fund attorneys sent a letter to the San Diego-based Empowering Spirits Foundation Thursday on behalf of the Roman Catholic Diocese of Portland, Maine, urging the activist group to cease filing frivolous and factually flawed IRS complaints as a way of intimidating organizations that believe in protecting marriage.

“Churches should not be penalized for their beliefs. The use of the IRS by groups advocating the ‘separation of church and state’ is ironic since they are asking for government controls on churches,” said ADF Senior Legal Counsel Erik Stanley. “This aggressive campaign to unlawfully silence the church is growing, and this is just one example. The complaint is frivolous and has no foundation in either law or fact.”

After Maine Gov. John Baldacci signed the same-sex “marriage” bill into law in early May, the Roman Catholic Diocese of Portland publicly announced its support of the proposed referendum to repeal the law. The letter explains that IRS regulations allow the diocese to be involved with advocating a position on the referendum, including signature-gathering efforts, if it chooses to do so.

“The IRS has clearly stated on many occasions that nonprofit organizations are allowed to engage in lobbying activities, including advocating a position on a public referendum, without violating their tax-exempt status, so long as the activity is not a substantial activity of the organization,” the letter states. “Therefore, the current IRS regulations allow the diocese to advocate a position on a referendum and to conduct activities in accordance with that position.”

The Empowering Spirits Foundation filed a separate IRS complaint against the Mormon Church in California after the state’s voters overwhelmingly approved Proposition 8 last November to enact a constitutional amendment affirming marriage as the union of one man and one woman.

Letter sent to Empowering Spirits Foundation