AU challenges tax exempt status of Liberty University

[Brad Pardee]

The other side of the debate:

Liberty talks about the complaint filed by Americans United
https://www.liberty.edu/index.cfm?PID=18495&MID=8374

Liberty met with the College Democrats to find a compromise that would 
satisfy both sides
https://www.liberty.edu/index.cfm?PID=18495&MID=8375

Chancellor Jerry Falwell Jr speaks to the media coverage given to this issue
https://www.liberty.edu/index.cfm?PID=18495&MID=8373

It seems quite clear that it's not about Republicans versus Democrats as 
Barry Lynn would have the IRS believe.  In this case, the College Democrats 
didn't lose recognition or funding because they were Democrats.  It was 
because their constitution pledged to support the Democratic platform and 
candidates without qualification, and the national Democratic Party supports 
legal abortion and and same-sex marriage.  A Republican pro-choice group 
would not get recognition or funding.  A Republican group that supports 
same-sex marriage would not get recognition or funding.

As Chancellor Falwell wrote: "Parents and students support the University 
because they believe in its distinctly Christian identity and mission. 
Liberty University is pro-life and believes that marriage between one man 
and one woman provides the best environment for children. Liberty University 
will not lend its name or financial support to any student group that 
advances causes contrary to its mission."

If the Republican party platform expressed support for legal abortion and 
same-sex marriage, and the College Republicans' constitution said they would 
support the Republican platform and candidates without qualification, they 
too would receive the same treatment.  My bet is that once they alter their 
constitution to limit their support to Democratic candidates and platform 
planks that are pro-life and support traditional marriage, neither 
recognition or funding will be an issue.

Brad Pardee

----- Original Message ----- 
From: "Ed Brayton" <stcynic at gmail.com>
To: "'Law & Religion issues for Law Academics'" <religionlaw at lists.ucla.edu>
Sent: Friday, May 29, 2009 2:34 PM
Subject: AU challenges tax exempt status of Liberty University


> In the wake of Liberty U pulling recognition from the College Democrats
> club, Americans United has written a letter to the IRS challenging their 
> tax
> exempt status. The letter says:
>
>
>
> "Political clubs operating on campus often endorse and work on behalf of
> candidates, and officially recognized clubs are eligible for funding 
> through
> student-activity fees. This decision by Liberty University effectively 
> means
> that only the Republican club, which works to elect Republicans, will
> receive funding. The university's decision offers Republican candidates a
> type of in-kind contribution that is not being made available to 
> Democratic
> candidates."
>
>
>
> http://www.au.org/media/press-releases/archives/au-letter-to-irs-re-liberty.
> pdf
>
>
>
> Any thoughts on whether they have a strong case here?
>
>
>
> Ed
>
>


--------------------------------------------------------------------------------


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