Anti-Gay LDS Activities     

Two weeks ago I requested that our city attorney consider any possible illegality on the part of the Mormon church as a result of a particular letter it sent to church leadership here in California.

My concern was not the church's advocacy for passage of the Knight initiative (which aims at ruling out gay marriage under California law). Churches and other religious groups in this country have a long and proud history of participation in the discourse of social policy.

What did raise questions for me was whether a charitable organization such as the Mormon church can ask its members for their money as well as their vote in support of a political campaign. An organization can lose its tax-exempt status under section 501(c)(3) of the IRS code if it devotes a "substantial part" of its activities to "carrying on propaganda or otherwise attempting to influence legislation." Activities related to ballot measures such as the Knight initiative are subject to this limitation.

Critics have accused the IRS of closing its eyes to significant political activity by well-established religious organizations while pursuing smaller, less influential ones. Others argue that allowing churches to use funds which they have gathered by means of tax-exempt donations is tantamount to giving them a tax subsidy to further their religious aims.

I believe this is unconstitutional, and that most Californians would be concerned if our citizens' ballot initiative process was being unfairly influenced and funded by large, tax-exempt institutions.

The motivation behind my request of the city attorney was to clarify the ambiguities of the IRS regulations and to ensure that all sides in this and any other emotional public policy debate play by the same rules.