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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Who are the homosexuals going to demand their tax free status be dropped,the Catholic Church?

    Reply#209 - Thu Feb 21, 2013 6:32 PM EST

    If you want to be gay go for it you have that right . We also have the right not to except it. This country is going to hell in a hurry. We used to have the right to are own beliefs, now just because you want to go a different way we have to say it is ok. I for one will never, if you want to live and chose that life style that is fine I do not care, but you do not have the right to force others to except it.

      Reply#210 - Thu Feb 21, 2013 6:35 PM EST

      I saw a lebanese on tv the other day dropping her lebanese girlfriend for a man.Whwn asked about her sexuality,she stated"well,I was gay but decided I didn't like that no more and went back to men1"And I thought it was all preordained by genetics not choice!

        Reply#211 - Thu Feb 21, 2013 6:37 PM EST

        Yes! Take all the tax exempt status away from the silly

        Invisible Guy in the sky Corporations that insist on forcing

        Their beliefs into Our laws.

          Reply#212 - Thu Feb 21, 2013 6:37 PM EST

          Unions! Also!!!!!!!

          • 1 vote
          #212.1 - Thu Feb 21, 2013 6:45 PM EST
          Reply

          I'm sick and tired of the homosexual agenda. Everything is not all about them.

          • 4 votes
          Reply#213 - Thu Feb 21, 2013 6:37 PM EST

          good bye to my blessed country. idiots have taken over.

          • 3 votes
          Reply#214 - Thu Feb 21, 2013 6:37 PM EST

          There is more than one issue at stake here. F*ck this.

          • 1 vote
          Reply#215 - Thu Feb 21, 2013 6:38 PM EST

          I dont think the Boy Scouts are making it an issue people like you are dont blame the Boy Scouts for something you believe in Make you own orginization if need be America is supposed to allow this thing called free enterprise and free will. Im just saying for compettion purposes try it and see how it works market it see you feedback is all I'm saying laws like this shouldnt be passed that would be Racist to force everyone in a box that they dont belong in.

          • 3 votes
          Reply#216 - Thu Feb 21, 2013 6:38 PM EST

          They are claiming to be a private not-for-profit-organization, but they take public dollars and use public space usually for no charge. If they want to give up the public dollars and the use of free public space and non profit status, they can do whatever the heck they want.

            #216.1 - Thu Feb 21, 2013 6:49 PM EST

            Most BSA members meet in churches and they DO NOT TAKE public dollars. If you mean public dollars given to them freely as a donation, then yes they do. If, however, you are talking about tax dollars, then they DO NOT........Sharon

            • 1 vote
            #216.2 - Thu Feb 21, 2013 10:19 PM EST
            Reply

            If not allowing gays into BSA means they will need to pay tax then I will file suit on the BSA for not allowing pedophiles that have served their time and no longer are on probation. If you going to be forced to let in gays you should be forced to allow anyone that wants to join. No discrimination should mean no discrimination! Don't get me wrong I'm not saying gays are pedophiles or pedophiles are gay all I'm saying is the BSA should not be forced to let those in that practice ways other than the way the BSA conducts it self. It is an organization that has been around for a long time, one that has set standards in the way their members conduct themselves and due to the fact they are dealing with the very young they are only trying to protect them from being harmed not just physically but mentally also. There are some that still believe Homosexuality is a mental disease just as some believe Pedophilia is a disease that can be cured. Why are expect the BSA to allow one group and not the other after all according to our Judiciary Pedophilia is curable.

            • 1 vote
            Reply#217 - Thu Feb 21, 2013 6:39 PM EST

            Then they should accept no public dollars and use no public spaces for their meetings. Or pay rent for the space.

              #217.1 - Thu Feb 21, 2013 6:44 PM EST

              Since most pedophiles are straight, perhaps we should argue that if straight pack leaders are allowed, we should allow pedophiles. It makes more sense than what you wrote.

                #217.2 - Thu Feb 21, 2013 6:47 PM EST

                Since most pedophiles are straight

                Really? How is a male scout leader molesting a boy straight? Sounds more like a homosexual waiting for his victims to turn 18. Still, the only difference between a pedophile and a homosexual is the age of their victims.

                • 1 vote
                #217.3 - Thu Feb 21, 2013 7:05 PM EST
                Reply

                Gay freaks are at it again. this i exactly what they don't want done to them. hypocrites.

                • 2 votes
                Reply#218 - Thu Feb 21, 2013 6:42 PM EST

                Any group that takes public money or uses public space to for their meetings does not have the right to discriminate based on sexual orientation,race, or religion. If they chose to do so their access to public funds and use of public space should be cut off. Firther more I have yet to see a religion that is truly non-profit. They all want money for their pet projects. The projects usually consist of pearching their beliefs to poor people in other countries and in exchange for listening the poor get food. Churches should not be non-profit.

                  Reply#219 - Thu Feb 21, 2013 6:42 PM EST

                  Drop Unions NPO Statues, like there is no profit there!

                  • 1 vote
                  #219.1 - Thu Feb 21, 2013 6:43 PM EST

                  If they chose to do so their access to public funds and use of public space should be cut off.

                  Which public funds are you referring to? Your position is also anyone opposing homosexuals be denied access to public lands? Do they still need to pay taxes or just be denied access? After all, these are citizens using the lands, not the organization. They should be denied?

                  • 2 votes
                  #219.2 - Thu Feb 21, 2013 7:09 PM EST
                  Reply

                  Only in F-upped California, Land of Fienstien. Best thing that could happen is the fault to open and Give Arizona and Nevada a Beach and California slide down to Tijuana.

                  • 3 votes
                  Reply#220 - Thu Feb 21, 2013 6:42 PM EST

                  Ha.. the homosexual flamer is mad at the boy-scouts and says, I'll show you.. I'll introduce a bill to take away your tax status.. if you don't let us in... what a joke of a man.. correction per girly-man...

                  • 2 votes
                  Reply#221 - Thu Feb 21, 2013 6:44 PM EST

                  I'll show you.. I'll introduce a bill to take away your tax status..

                  A homosexual knowing all those young boys are just out of reach doesn't always act rational.

                  • 1 vote
                  #221.1 - Thu Feb 21, 2013 7:11 PM EST
                  Reply

                  As a Christian, I want tax exempt status removed from all bigot organizations (such as the Boy Scout) which misrepresent my eligion. Their actions do not reflect the teachings of Christ. Their hatred and ignorance drive good minded people away from Christ. They are no different from the Pharisees Christ wrestled with throughot his life. Give tax exemption to organizations which reflect good religion (James 1:27), not this monstrosity the Boy Scouts have become.

                  • 1 vote
                  Reply#222 - Thu Feb 21, 2013 6:44 PM EST

                  Like Unions?

                  • 1 vote
                  #222.1 - Thu Feb 21, 2013 6:48 PM EST

                  You're about as much a Christian as a dog.

                    #222.2 - Thu Feb 21, 2013 6:51 PM EST

                    I'm about as much of what the bigots want Christianity to be as a dog. But, then, I've never cared what the bigots thought of me.

                      #222.3 - Thu Feb 21, 2013 6:56 PM EST

                      Uh Newman...I don't suppose you've had a chance to look over the books of your local church have you? I think you would be pleasantly surprised at the discrimination, misappropriation of funds, etc that goes on behind that giant oak double door. They don't call themselves the "elders" for nothing you know. You know there is a reason the congregation is referred to as "sheep" "flock" "followers"...anything there? Truly the wool is pulled tightly over your eyes if you believe what you are implying.

                      Churches are some of the most crooked (bigot in your words) institutions taking advantage of tax free status in this country.

                        #222.4 - Thu Feb 21, 2013 7:09 PM EST

                        I've never cared what the bigots thought of me.

                        or, it would seem, anyone else.

                        • 1 vote
                        #222.5 - Thu Feb 21, 2013 7:12 PM EST
                        Reply

                        What about, don't ask, don't tell?

                        Why are the gays shoving this down America's throat?

                        • 2 votes
                        Reply#223 - Thu Feb 21, 2013 6:46 PM EST

                        The Boy Scouts are determied to make their pack leaders and kids think about penises and what a person does with them. That's why an Eagle scout (gay or straight) can't be thought of as just an Eagle scout.

                        • 1 vote
                        #223.1 - Thu Feb 21, 2013 6:50 PM EST

                        The gays are shoving don't ask don't tell down everybody's throat are you serious? What color is the sky in your world? It's time to put the crack pipe down.

                        • 1 vote
                        #223.2 - Thu Feb 21, 2013 6:50 PM EST

                        Why are the gays shoving this down America's throat?

                        Exactly.

                        • 2 votes
                        #223.3 - Thu Feb 21, 2013 7:13 PM EST
                        Reply

                        Its a Shame children just cant enjoy life without someone or something passed on them these are innocent souls leave them be the world will eat them up. Its up to the responsible adults to steer them in the right direction with morals values and such These type of issues should be a parental thing not a Big Goverment thing

                        • 1 vote
                        Reply#224 - Thu Feb 21, 2013 6:46 PM EST

                        Liberal Based Control.

                          #224.1 - Thu Feb 21, 2013 6:49 PM EST
                          Reply

                          Pity the frightened conservatives. Times have passed them by so quickly.

                          "Take back our country!", to which I reply, "To which century?".

                          • 1 vote
                          Reply#225 - Thu Feb 21, 2013 6:48 PM EST

                          just cause you dont agree with something dosent make you a Conservative or a Republican Commonsense dosent have a title Ignorance does

                            #225.1 - Thu Feb 21, 2013 6:58 PM EST

                            What's frightening is where the liberals are taking this country.....it's all in how you look at things. Our best days are over....and with Obama at the helm we are descinding rapidly......Sane Central

                            • 1 vote
                            #225.2 - Thu Feb 21, 2013 10:28 PM EST
                            Reply

                            It's time to stop being quiet.

                            Homosexuals do not respect anyone who don't believe as they do. They are attacking the BSA. They want to pervert what it means to be married.

                            Homosexual behavior is aberrant by definition.

                            Homosexual behavior is sin.

                              Reply#226 - Thu Feb 21, 2013 6:50 PM EST

                              What a troll you are @hellfire. you make me laugh

                                #226.2 - Thu Feb 21, 2013 7:04 PM EST
                                Reply

                                Get rid of all non profits. If the group is worthwhile, it will survive without being exempt, and pay its fair share for the services it receives.

                                • 1 vote
                                Reply#227 - Thu Feb 21, 2013 6:53 PM EST

                                pay its fair share for the services it receives.

                                Ah, here we are with the "faire share" again. Just how much is a fair share?

                                • 2 votes
                                #227.1 - Thu Feb 21, 2013 7:17 PM EST

                                Whatever OBAMA decides.

                                • 1 vote
                                #227.2 - Thu Feb 21, 2013 10:29 PM EST
                                Reply

                                What many people don't consider is that Boy Scouts go on A LOT of camping trips where boys sleep with boys in tents without adults. So what happens when you put a gay boy in a tent with a lot of other boys? If that is is okay with you, and since this is the age of sexual enlightenment then there should only be one scouting organization that has both girls and boys, gay and straight. That's fair, right? Equality for all, right? No sexual barriers, right? Now lets go on a camping trip where boys sleep with girls in a tent without adults. IF gay boys are allowed to sleep with other boys and if gay girls are allowed to sleep with other girls, then it must be right to allow heterosexual boys and girls to sleep together. Right? Equality for all.

                                • 1 vote
                                Reply#228 - Thu Feb 21, 2013 7:01 PM EST

                                What many people don't consider is that Boy Scouts go on A LOT of camping trips where boys sleep with boys in tents

                                and this is what the homosexuals are upset about. Such a waste.

                                • 1 vote
                                #228.1 - Thu Feb 21, 2013 7:18 PM EST
                                Reply

                                i have to pay taxes. people poorer than me have to pay taxes. people richer than me have to pay taxes. who doesn't pay taxes?, Big OIL, Mega corporations, pedophile priests,Rabbis, and pastors, and Hate Groups like the Scouts. now that i think about it the list of people who don't pay taxes in this country is too long to list. other than people living below the poverty line, How about every organization, corporation, religious institution pay just like everyone else. Freedom Isn't Free. It's a Hefty F##*$n fee.(thanks Matt and Trey). and please don't tell me about the money that won't go to the poor. all it goes to is lawyers, and settlements these days. funding and tax exempt status should be revoked based on discrimination, and intolerance, and abuse. Stone Age policy's like these are not going to move this country forward. why is it people are still under the impression if the close their eyes, plug their ears, and hum real loud?, all the gay kids are going to wake up tomorrow and be miraculously straight. and fall on their knees screaming you were right we were wrong, praise Jesus? whats is wrong with every human being no matter the race, creed, and color,gender, or sexual orientation being equal. that means equal protections, and equal consequences under the law. equal consequences under the law means everyone pays taxes. including the boy scouts.

                                • 1 vote
                                Reply#229 - Thu Feb 21, 2013 7:05 PM EST

                                Just so everyone is clear, there is one set of verses in the Bible which is against homosexuality. Those verses are in the Pentateuch (where the commandments to stone children and use rape as a marriage proposal are). Modern Christians don't follow the Pentateuch. Nowhere else does the Bible condemn people born gay acting gay (not in Romans 1:26-27 which is about 'gay for pay', 1 Corinthians 6:9-11 arsenokotai is something a husband can do with his wife, or the story of Sodom Ezekial 16:48)

                                • 1 vote
                                Reply#230 - Thu Feb 21, 2013 7:06 PM EST

                                please go ahead. I would like the IRS to kick the other 99% in the teeth while they are at it. The united negro colege fund is on my list for not letting me white boy into it .! OH thats, right..they don't practice racial discrimination!. I forget what the irs was fighting about in 1983

                                • 1 vote
                                Reply#231 - Thu Feb 21, 2013 7:08 PM EST

                                Can we add every church in america to that list too?

                                • 2 votes
                                #231.1 - Thu Feb 21, 2013 7:10 PM EST

                                How about MoveOn.org, Center for American Progress, Brookings Institution, Media Matters, CAIR......

                                • 2 votes
                                #231.3 - Thu Feb 21, 2013 7:26 PM EST

                                Abortion is NOT murder. Nice try. Besides,

                                1. If you could get pregnant you would be the first in line for an abortion

                                2. If men could get pregnant, there would be an abortion clinic on every corner.

                                3. If it was a gay fetus, you would be 100% for abortion.

                                Run along and sell your cookie somewhere else girlscout.

                                • 2 votes
                                #231.4 - Thu Feb 21, 2013 9:27 PM EST
                                Reply

                                So, is Hellfire2810449 really as stupid as he acts or is he just a bored junior high troll?

                                  Reply#233 - Thu Feb 21, 2013 7:15 PM EST

                                  I would rail about government imposing morality but I fear this is just a case of politicians seeing an opportunity to squeeze money from an untapped source.

                                  • 1 vote
                                  Reply#234 - Thu Feb 21, 2013 7:15 PM EST
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