2 CT lawmakers target Catholic church for opposition to marriageequality

[David Cruz]

I¹m getting ready to teach Constitutional Law and Federal Courts today and
for the start of The Global Arc of Justice conference I¹ve been helping plan
(http://www.law.ucla.edu/williamsinstitute/programs/GlobalArcofJustice2009.h
tml), so I haven¹t had time to read the bill or about it.  Question: Is
there a way to opt out of these regulatory requirements, e.g., if a church
were to decide to forgo tax exemption?  Would that be a factor in deciding
whether the government is ³dictating² church governance structure?  Would
unconstitutional conditions doctrine not allow the conditioning of tax
exemptions on such requirements?

David B. Cruz
Professor of Law
University of Southern California Gould School of Law
Los Angeles, CA 90089-0071
U.S.A.


On 3/10/09 8:21 AM, "Brad Pardee" <bp51414 at alltel.net> wrote:

> I've been reading about this bill.  Under this legislation, a board elected by
> the congregation would have the following powers:
> 
> (1) Establishing and approving budgets;
> (2) Managing the financial affairs of the corporation;
> (3) Providing for the auditing of the financial records of the corporation;
> (4) Developing and implementing strategic plans and capital projects;
> (5) Developing outreach programs and other services to be provided to the
> community; and
> (6) Any of the powers enumerated in section 33-1036.
> 
> It also says, "The pastor of the congregation shall report to the board of
> directors with respect to administrative and financial matters."
> 
> I can't imagine how the state dictating the church's governing structure could
> possible pass 1st Amendment muster.
> 
> Brad Pardee
> 
> 
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