SB 323, which bans discrimination based on “religion” and “religious affiliation,” and which contains no exemption from these bans for religious organizations, would strip religious youth organizations of d1cir tax-exempt status if they continued to select leaders and other persons responsible for carrying out their missions based on a shared set of religious beliefs.
Like SB 323’s ban on religious discrimination, its ban on sexual orientation discrimination, which is designed to punish BSA over its membership and leadership policy, will also severely and negatively impact religious organizations. Most religious organizations, undoubtedly including many covered by SB 323, require their leaders and members to express and conduct themselves in a manner that is consistent with their religious beliefs regarding sexual conduct. Under these types of policies, individuals who approve of or engage in conduct that contradicts a group’s religious teaching regarding sexual morality may be denied membership or leadership positions. Such policies likely conflict with SB 323. Thus, if passed, the bill will require religious organizations to choose between complying with the law and abandoning their religious convictions, or defying the law and losing their tax exemptions.
Religious organizations that select members and leaders who share their religious convictions to maintain a coherent religious identity and message are not engaging in invidious discrimination. Rather, they arc engaging in d1e most basic and fundamental exercise of religious freedom guaranteed by the First Amendment of the United States Constitution.
(Via: The Foundry)