If the Supreme Court nationalizes gay marriage, as most expect, it will threaten tax-exemption status for religious organizations and churches.
While most commentators are still focused upon marriage and federal versus state power, the actual questions before the United States Supreme Court on its gay marriage decision show consequences that were once dismissed as alarmist now seem prescient.
In the oral arguments for Obergefell v. Hodges last week, counsel told Justice Alito that if the court found a constitutional right to same-sex marriage, then religious institutions’ tax-exempt status is “certainly going to be an issue.” I concur with this reaction from Michael Greve:
He is correct. The tax-exemption battle cases are lying in wait and have been for quite some time. We need to prepare the defense.