Bill targeting Boy Scouts' tax exempt status draws criticism

Darrell Byers/Reuters file

Scouts attend a prayer vigil at the Boy Scouts of America headquarters in Irving, Texas, on Feb. 6, 2013, while a decision to change the membership policy banning gays was being deliberated. The BSA decided to postpone that decision until May.

A proposed law in California to remove a state tax exemption for youth groups like the Boy Scouts that don’t allow gay members would set a dangerous precedent, according to an association of nonprofits.

The legislation, introduced by Democratic State Sen. Ricardo Lara on Tuesday, would deny exemptions from state corporate taxes and taxes on items such groups sell. It would also require them to pay corporate taxes on donations and other forms of income.

Lara and LGBT advocacy group, Equality California, said the bill was aimed at groups like the Boy Scouts of America, which has faced increasing protests over its longstanding policy banning gay Scouts and leaders. An expert said she believed it was the first time such a law had been proposed, though it follows the loss of corporate sponsorship dollars to the BSA due to the policy.

The California Association of Nonprofits, which has 1,500 member organizations, said it opposed the legislation in its current form, even though the group opposes discrimination based upon sexual orientation or gender identity as outlined in the bill, SB 323.

“ … we are against using the tax exemption as a way to compel change in a nonprofit's policies,” Kris Lev-Twombly, the group’s director of public policy, wrote late Wednesday in an email. “Stripping nonprofits of tax exemption on ideological grounds is a slippery slope. Nonprofits are the embodiments of free speech in our society. When we disagree with a nonprofit's policies, we should vote by moving our donation dollars and our volunteer feet elsewhere.”

The association said it is difficult to estimate how many of California's 50,000 nonprofits could be impacted because there is no reliable data on how many discriminate based upon sexual orientation. 

“To lose state tax exemption in California could be significant for a nonprofit organization,” he said. “The bill is narrow in the sense that the provision applies specifically to youth organizations, but the question is how many organizations in California might be found to discriminate as outlined in the bill.”

The law would require two-thirds approval of both houses of the state legislature to win approval. Lara said the state already bans discrimination based on sexual orientation in public accommodations and government programs.

“Our state values the important role that youth groups play in the empowerment of our next generation; this is demonstrated by rewarding organizations with tax exemptions supported financially by all Californians,” he said in a statement. “SB 323 seeks to end the unfortunate discriminatory and outdated practices by certain youth groups by revoking their tax exemption privilege should they not comply with our non-discrimination laws.”

The Boy Scouts of America declined to comment on the legislation, which comes about two weeks after it postponed a decision on whether to end the policy at the national level and leave local sponsoring organizations free to decide for themselves whether to admit gay Scouts.

The BSA, a private youth organization, said it had received an outpouring of feedback on the membership guidelines after the potential change was announced in late January, and that it would take action on the issue at its national meeting in May.

Boy Scouts: We need more time for decision on gay membership


More than two-thirds of Scouting groups are affiliated with religious bodies. Among the top religious sponsors, The Church of Jesus Christ of Latter-day Saints have called for more time to discuss the issue, while the Southern Baptists on Tuesday passed a resolution rejecting the proposed change, according to the Baptist Press.

Pat Read, an independent consultant for nonprofits and foundations nationwide, said she believed such legislation was a first. However, she said there was a precedent, noting a 1983 Supreme Court case in which the IRS said it would no longer provide tax exempt status to private schools that practiced racial discrimination – a fight the federal tax agency won.

Read said the bill would have a financial impact and could potentially deter people from making donations.

“When the federal government or a state government stands up and says that this nonprofit is not a good nonprofit because of some policy it has adopted, it affects the ability of people to support that group, it affects how much money it has available to support its programs versus paying taxes, and it affects public opinion about the value of its work,” she said by phone from Boulder, Colo. “And all three things are important and all three things are at stake in this legislation.”

She said this legislation could wind up in court if it is approved, noting private organizations would likely object and say, "you have no right to try to tell us what to do.”

“Some of them will be saying, you know, 'well tough we don’t need the tax exemption,'” she added. “But there will be a price to be paid for that.”

If you are a current or former member of the Boy Scouts and would like to share your thoughts on how your troop, pack or council is handling the BSA's decision on the membership policy, you can email the reporter at miranda.leitsinger@msnbc.com. We may use some comments for a follow-up story, so please specify if your remarks can be used and provide your name, hometown, age, Boy Scout affiliation and a phone number.

Related:

'Nasty internal fight' or 'strategic pause': Boy Scouts supporters weigh delay on gays

After years of heartache, gay Scouts and supporters react warily over proposal to lift ban

'Gravely distressed': Religion looms large over Boy Scouts decision on gays 

Gay teen denied Eagle Scout: 'Change is happening' over Boy Scouts anti-gay policy

Discuss this post

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I happen to agree with the "Boy Scouts." Allowing 'gays' to join their group of "boys" growing into men could have a negative impact on an age old tradition of scouting. Arguably, scouting is after all, a tradition of boys, having the sexual orientation of BOYS, and the like mentallity of BOYS. Gays by defintion are something else other than boys! They are a misfit of nature, and would only become a distraction to the troop. There has to be a limit to the raving mindless sociallism of these times. Keep the F**** government out of the loop, and let the chips fall where they might.

  • 2 votes
Reply#182 - Thu Feb 21, 2013 6:00 PM EST

Just when we think California can't have anymore stupid ideas, they have another one. They need a giant earthquake.

  • 3 votes
Reply#183 - Thu Feb 21, 2013 6:02 PM EST

Religion is like a penis. Everybody thinks theirs is the biggest and the best. Religious nuts, like flashers, always want to take theirs out and show it to us. Please keep your religion between you and your god and please don't pull it out around my children.

I am in favor of taxing all religious organizations immediately. I have to work hard and manage my money well to pay myself and my staff and all of our payroll taxes and the taxes on my business profits. The local pastor makes 80,000 per year and the church just spent 75,000 to hire a consultant to help him dupe more gullible christians out of money. The churches are in a penis war too, trying to build the biggest eyesore in the neighborhood. I see nothing about their work that is benevolent. Peddling guilt should not be tax free.

Tax them all let god sort it out.

    Reply#184 - Thu Feb 21, 2013 6:02 PM EST

    Flat tax. No exemptions for anybody. The tax exemption for churches was in its foundation a bribe to stay out of government. Since none of them seem to be honoring that anymore I say end the tax exemption for religiously affiliated groups across the board.

    • 1 vote
    Reply#185 - Thu Feb 21, 2013 6:05 PM EST

    Are you clueless? do you even realize how many more will go hungry because their group does not agree with you?

      #185.1 - Thu Feb 21, 2013 6:11 PM EST
      Reply

      I just can't imagine the majority of the California residents agree with taxing the boy scouts. Am i wrong? What right do gay people have to dictate the terms of a non-profit status? People it does not stop with the boy's scouts. The catholic church by it's doctrine does not allow gay priests. Ya I know there are many gay priests and obviously many priests that have harmed children. But if they can tax the boy scouts for excluding gays they can tax the catholic church. There is no real difference if legally the act of exclusion of a minority status is sufficient to lose your tax exempt status. The gays have reached the tipping point. They have crossed the line to what is fair. Should they be allowed to marry? Well that's up to the state. But when gays dictate that they must be allowed to join any group then they are frankly going to get what they deserve. Which is push back from people like myself that has always supported an expansion of their rights.

      • 3 votes
      Reply#186 - Thu Feb 21, 2013 6:05 PM EST

      Perfectly alright. We need a few Neo Nazis to apply for membership in the NAACP and when they turn them down we take away their tax exempt status. Maybe some openly anti-gay homophobes apply to join these gay groups so we can take away their status.

      • 4 votes
      #186.1 - Thu Feb 21, 2013 6:08 PM EST
      Reply

      I just farted really loud and the whole office knows it was me.

        Reply#188 - Thu Feb 21, 2013 6:09 PM EST

        " … we are against using the tax exemption as a way to compel change in a nonprofit's policies," Kris Lev-Twombly, the group's director of public policy, wrote late Wednesday in an email. "Stripping nonprofits of tax exemption on ideological grounds is a slippery slope. Nonprofits are the embodiments of free speech in our society. When we disagree with a nonprofit's policies, we should vote by moving our donation dollars and our volunteer feet elsewhere."

        Uh, no, nonprofits are not the embodiment of free speech. Nonprofits are considered such so as to encourage donations. Giving any organization a tax-exempt status while it encourages any idea that is considered unlawful for a for-profit organization is wrong. Doing so means that everyone's tax dollars are subsidizing their ideals. And while we may not always agree with the government on how my tax dollars are spent, we certainly have the right to insist that those dollars are not utilized to subsidize unlawful acts.

        Funny, I'm betting that those people who think the Boy Scouts should continue to carry a tax-exempt status are the exact same people who have an issue with government funding of Planned Parenthood even though PP keeps all government monies separate these people say that they feel they are funding abortions. Well, then the same concept applies here.

          Reply#189 - Thu Feb 21, 2013 6:12 PM EST

          dsb

          " … we are against using the tax exemption as a way to compel change in a nonprofit's policies," Kris Lev-Twombly, the group's director of public policy, wrote late Wednesday in an email. "Stripping nonprofits of tax exemption on ideological grounds is a slippery slope. Nonprofits are the embodiments of free speech in our society. When we disagree with a nonprofit's policies, we should vote by moving our donation dollars and our volunteer feet elsewhere."

          Uh, no, nonprofits are not the embodiment of free speech. Nonprofits are considered such so as to encourage donations. Giving any organization a tax-exempt status while it encourages any idea that is considered unlawful for a for-profit organization is wrong. Doing so means that everyone's tax dollars are subsidizing their ideals. And while we may not always agree with the government on how my tax dollars are spent, we certainly have the right to insist that those dollars are not utilized to subsidize unlawful acts.

          Funny, I'm betting that those people who think the Boy Scouts should continue to carry a tax-exempt status are the exact same people who have an issue with government funding of Planned Parenthood even though PP keeps all government monies separate these people say that they feel they are funding abortions. Well, then the same concept applies here.

          #188 - Thu Feb 21, 2013 6:12 PM EST

          Hey genius, the BSA doesn't get federal subsidies on top of being tax exempt. How about comparing apples to apples?

          • 2 votes
          #189.2 - Thu Feb 21, 2013 6:17 PM EST

          the mere fact that you think it should be unlawful for a private group to have conditions upon joining say's it all. everyone has to follow your rules. ok I get it. and no just because we think boy scouts should be allowed to set their own policy's we do not think planned parenthood is a bad idea.

            #189.3 - Thu Feb 21, 2013 6:18 PM EST
            Reply

            Faggots are going to create a backlash for themselves that they are not going to like. Taking this route is going to cause individuals to want to even the score by retaliation and then everyone is a loser. The next time a Faggot get whacked just may have been promoted by vengeful legal tactics by hateful politicians. Don't say you never saw it coming !!

            • 2 votes
            Reply#190 - Thu Feb 21, 2013 6:13 PM EST

            Come knock on my door stupid I would LOVE to shoot you in the face :)

              #190.2 - Thu Feb 21, 2013 6:55 PM EST
              Reply

              The Democrats' "War on Religion" and "War on Traditional Values" continue, as does the legal bullying and harassment of those organizations who dare to stand up for what is right.

              California is not an example for anyone to follow. This proposed law is an embarrassment to the country.

              • 4 votes
              Reply#191 - Thu Feb 21, 2013 6:15 PM EST

              The Republicans "war" on the United States Constitution by attempting TO FORCE the christian religion on us. This is a clear VIOLATION of Amendment #1. God is not mentioned anywhere in the United States Constitution and never will be.

              • 1 vote
              #191.1 - Thu Feb 21, 2013 6:25 PM EST
              Reply

              California is no longer part of the US. They are an extension of the former USSR.

              • 4 votes
              Reply#192 - Thu Feb 21, 2013 6:15 PM EST

              Yes.. we should let IRAN into the US. I mean, their religion is part of the government right?

                #192.2 - Thu Feb 21, 2013 6:48 PM EST
                Reply

                If you don't like the scouts policies then don't join and leave them alone. Grow up and stop being so hateful toward people or groups with different ideas than your own. Start your own scout-like group.

                • 3 votes
                Reply#193 - Thu Feb 21, 2013 6:16 PM EST

                Anyone who voted for Obama and is complaining about this should punch themselves in the face for being a hypocrite.

                • 3 votes
                Reply#194 - Thu Feb 21, 2013 6:17 PM EST

                Ah Hahahahhahaha!!!!!!!!!!!!!!!!!!!!!!

                Hate finally has a price.I love it :)

                • 1 vote
                Reply#196 - Thu Feb 21, 2013 6:17 PM EST

                No need to start foaming at the mouth retard.

                  #196.2 - Thu Feb 21, 2013 6:20 PM EST

                  You know nothing about me stupid I could be your next door neighbor.

                    #196.4 - Thu Feb 21, 2013 6:29 PM EST
                    Reply

                    Far too often the needs of the few over power the needs of the many, the boy scout law states to be Morally straight, it is not that they would not be aloud to join, btu that they cannot be openly gay. just seems any more someone needs an axe to grind for self gratification. We cannot lable anybody, it may hurt their feelings...does that apply to the nutcase that shot and killed the children in Con. Perhaps a lable and monitored freedom instead of gamerooms, with mature rated games would have been a better start than trying to attack an organization that helps boys to learn leadership, camping , how to work as a team and keeps tham off the streets giving constructive ideas and values thqat have been lost in the home. 1 Messed up kid = 20 dead children and teachers. 1 boy scout = how many presidents? So lets attack the positive group in favor of a small percentage of the population.... GREAT IDEA

                    • 1 vote
                    Reply#197 - Thu Feb 21, 2013 6:18 PM EST

                    This guy pushing this bill should be kicked out of congress. No private non-profit oranization is perfect. It is there right to set up there own bylaws if you do not like it the do not join. Get over it cry babies it is of no concern of yours. BOA helps out a lot of young kids in life a lot more than any other oranization out there. Just quit being politally correct if they do not want to include anyone that is up to them.

                    • 1 vote
                    Reply#198 - Thu Feb 21, 2013 6:18 PM EST

                    Many people have said that it was just a matter of time before the homosexuals began coming after our children. This law proves them right.

                    • 1 vote
                    Reply#199 - Thu Feb 21, 2013 6:18 PM EST

                    "Many people"

                    As in your pedophile bullkrap spreading priests?

                      #199.2 - Thu Feb 21, 2013 6:22 PM EST

                      I could care less what your cult takes or does not take.But if retards like you are going to discriminate then you shall pay the price.Careful your houses of hate are going to be next!!!!!!!!!!!!!!!!!

                        #199.4 - Thu Feb 21, 2013 6:26 PM EST

                        Hellfire,

                        They cant breed so they need to convert the youth into fags

                        since when did homosexual equal non-breeding ? i know a few homosexuals that have had children. i guess i had better let them know that you said they couldn't breed, i'm sure they'd love the laugh :)

                        i know i'm enjoying it :)

                          #199.5 - Thu Feb 21, 2013 6:45 PM EST
                          Reply

                          WORST IDEA EVER! Boy Scouts shouldn't lose anything!! This program is very good for young boys just as girl scouts is for girls! I don't see anyone complaining about girls scouts or trying to tax the girl scout cookies!! Honestly, do we really need to know every single cotton pickin' persons sexual orientation!!! I certainly don't need it announced to me every-time I meet someone. For crying out loud NO ONE DOES!! Next thing this idiot will do is start attacking churches, instead of just going to a church that does accept them; like EVERYONE ELSE DOES!!!!!

                          • 2 votes
                          Reply#200 - Thu Feb 21, 2013 6:19 PM EST

                          Show me where God said that retard.

                            #200.2 - Thu Feb 21, 2013 6:24 PM EST

                            Come on show be where GOD wrote that.

                              #200.4 - Thu Feb 21, 2013 6:27 PM EST

                              The only thing God supposedly wrote was the 10 commandments but how convenient that those were destroyed by Moses.So the rest of it is bullkrap wrote by ordinary men for their own gain.

                                #200.5 - Thu Feb 21, 2013 6:33 PM EST

                                Hellfire....you are in the old testament.....the new testament with Jesus in it says.....judge not, lest ye be judged. I, personally, do not agree with homosexuality, but I will love them as if I did. That would be the christian thing to do. I leave the judging in Gods hands.

                                • 1 vote
                                #200.6 - Thu Feb 21, 2013 10:02 PM EST
                                Reply

                                Why are these issues being brought up the whole world doesnt care if your gay. If you dont like the organization than go make your own call another name just for gay leaders and gay boys if you want it to. Stop trying to force the public to stomach all these bills and trying to control people thoughts it very easy to set your own group up and not allowing it to get tax cuts like the orginal organization. Stop trying toput stipulations on things that dont demand it they are trying to control you more power to the boy scouts of america for holding there own. It would be RASICT if they set up and alternative orgainzation and not tax but tax the orginal we have hypocritices running the nation now and it apparent. Boy Scouts Of America fight for your rights while it's legal still.

                                • 3 votes
                                Reply#201 - Thu Feb 21, 2013 6:20 PM EST

                                well said.

                                • 1 vote
                                #201.1 - Thu Feb 21, 2013 6:23 PM EST
                                Reply

                                Unreal. Our country has lost all conception of common sense. The free mason's is tax exempt but you can't join unless you believe in God. Do they lose the exempt status unless they allow pagans? Were does it stop?

                                • 2 votes
                                Reply#202 - Thu Feb 21, 2013 6:22 PM EST

                                Sadly jimmy......it doesn't. The progressives are taking over....but we must not give up.

                                • 1 vote
                                #202.1 - Thu Feb 21, 2013 10:07 PM EST
                                Reply

                                An easy fix to the problem - the Scouts should limit their sponsorship of troops to churches only.

                                  Reply#203 - Thu Feb 21, 2013 6:23 PM EST

                                  deleted

                                    Reply#204 - Thu Feb 21, 2013 6:23 PM EST

                                    The Boy Scouts are forcing us all to constantly have sexual orientation in front of us. We need to get to a place where we just see people as people, not their sexual orientation. We can't do that when the Boy Scouts keep making it an issue.

                                      Reply#205 - Thu Feb 21, 2013 6:25 PM EST

                                      Brian Newman,

                                      So true, so very sadly true.

                                      Hellfire...go away you hateful little troll.

                                        #205.2 - Thu Feb 21, 2013 6:31 PM EST

                                        The Boy Scouts -are- making it an issue. If they weren't, then there'd be no difference between a gay Eagle scout and a straight Eagle scout. There'd be no difference between a gay scout leader and a straight scout leader. The difference exists because the Boy Scouts, as an organization, keeps forcing it's pack leaders and kids to think about penises and what happens to them.

                                          #205.3 - Thu Feb 21, 2013 6:33 PM EST

                                          The progressives are making an issue of it......leave the BSA alone and you won't be hearing anymore about it. Simple enough.

                                          • 1 vote
                                          #205.4 - Thu Feb 21, 2013 10:10 PM EST
                                          Reply

                                          This is quite fascinating and it should be sending up supercharged red flags of alarm to EVERYONE. The extreme liberal left's agenda to force their morality on everyone has a new weapon - taxes. Don't agree that homosexuality is a moral lifestyle? The liberal left is going to punish you with taxes for disagreeing with their morality. So if in the shades of Hitler you do not agree with the radical homosexual agenda to change the definition of marriage to include nearly everything including people marrying their dogs, then the "brown-shirts" will force your compliance. What is next, physical threats?

                                          Oops I forgot, already homosexual groups are violently attacking those that they cannot force to accept their morality. MSN reported just three weeks ago that homosexuals attacked Catholic protestors in France who were protesting gay marriage.

                                          So we have the liberal left using any form of coercion imaginable, including physical violence. It is clearly the radical gay rights movement that are the bullies and the Hitler dictators.

                                          Now consider this if you are a liberal. What happens if some belief that you hold dear is found to be unacceptable to your clan? After all, even liberals are not monolithic. So maybe someday in the future liberals will begin to dictate what a Christian pastor can say in your church - you know like they already do in Canada. And if the pastor does not "tow-the-line" then the brown-shirts will come and arrest him and drag him out of the church. You know, like the Nazis did in Germany. There are Canadian pastors who have been arrested for preaching against homosexuality.

                                          Maybe liberals will start their own concentration camps to put anyone in who doesn't agree with their beliefs. It doesn't even phase many of the liberals posting on this article that using taxes as a bludgeon against the Boy Scouts is just plain wrong!

                                          Liberals are destroying our nation and throwing the Constitution in the trash as they do it. They don't respect free speech or the right to choose your own moral beliefs (freedom of religion).

                                          • 4 votes
                                          Reply#206 - Thu Feb 21, 2013 6:31 PM EST

                                          True Talk !!

                                          • 1 vote
                                          #206.1 - Thu Feb 21, 2013 6:41 PM EST
                                          Reply

                                          The biggest non profit organization,behind the federal gocernment in this country is California.Why don't we take away GLBT national and local tax free status.After all,they are trying to deprive outstanding citizens who have chosen not to deal with thier rif raf of the rights to privately organize.After all,how many people out there want a transgender,totally confused and likely unstabile individual, being a scout leader.This is a large part of what the GLBT is about.The next thing,after demanding acceptance ,will be we pay for their sex change operations.Then when they tire of being whatever sex they changed to,to be changed back.All this happening while beng a leader of young boys and helping them get through some of their toughest years.Yea right.Just more BS about homosexuals.The homosexual story de jour!

                                            Reply#207 - Thu Feb 21, 2013 6:31 PM EST

                                            Wait a minute, the Catholics won't let women be priest and they let priest molest children and I don't see any thing about them being treated the same way. If they do it to the Boy Scouts they better also make the Catholic Church non-exempt too. That would be legislative discrimination but, What would you expect in California. Nothing Less!! Ban the California Legislation as being illegal!!

                                              Reply#208 - Thu Feb 21, 2013 6:31 PM EST
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