(07-01-2015 11:10 PM)Tom in Lazybrook Wrote: (07-01-2015 11:04 PM)UConn-SMU Wrote: They should if they don't allow conservative Christians who are against gay marriage to hold high office in their organization.
Sure, so long as every other non-profit, including churches and 501c3's loses their tax exempt status at the same time.
I disagree, and think various reasonable exemptions will hold.
http://www.eeoc.gov/policy/docs/qanda_religion.html
2. Are there any exceptions to who is covered by Title VII’s religion provisions?
Yes. While Title VII’s jurisdictional rules apply to all religious discrimination claims under the statute, see EEOC Compliance Manual, “Threshold Issues,”
http://www.eeoc.gov/policy/docs/threshold.html, specially-defined “religious organizations” and “religious educational institutions” are exempt from certain religious discrimination provisions, and a “ministerial exception” bars Title VII claims by employees who serve in clergy roles.
Religious Organization Exception: Under Title VII, religious organizations are permitted to give employment preference to members of their own religion. The exception applies only to those institutions whose “purpose and character are primarily religious.” Factors to consider that would indicate whether an entity is religious include: whether its articles of incorporation state a religious purpose; whether its day-to-day operations are religious (e.g., are the services the entity performs, the product it produces, or the educational curriculum it provides directed toward propagation of the religion?); whether it is not-for-profit; and whether it affiliated with, or supported by, a church or other religious organization.
This exception is not limited to religious activities of the organization. However, it only allows religious organizations to prefer to employ individuals who share their religion. The exception does not allow religious organizations otherwise to discriminate in employment on the basis of race, color, national origin, sex, age, or disability. Thus, a religious organization is not permitted to engage in racially discriminatory hiring by asserting that a tenet of its religious beliefs is not associating with people of other races.
A grant recipient is awarded money for general purpose, but how that purpose is fulfilled is decided by the recipent and spelled out in their grant proposal. Contractors and sub-contractors are hired to provide specific products or services.
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Religious Freedom Not Protected in Obama's LGBT Employment Order, Conservatives Say
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Obama to Sign Executive Order Protecting LGBT People From Employment Discrimination Monday; No Religious Exemption
Second, there is no blanket exemption for religious organizations, but Obama did maintain the religious hiring exemption that was put in place during the George W. Bush administration. The religious hiring exemptions says that faith-based organizations are allowed to only hire adherents of their faith.
Read more at
http://www.christianpost.com/news/obamas...F4Ju7hB.99
Churches and religious non-profits are something of a special case, because the First Amendment to the U.S. Constitution forbids the government making a law "respecting an establishment of religion" and also forbids "prohibiting the free exercise thereof [that is, of religion]." The First Amendment originally bound only the U.S. Federal Government, but by incorporation through the 14th Amendment, also binds state and local governments. Under the Religious Freedom Restoration Act many generally applicable state laws regarding employment, zoning and the like are relaxed for churches.
Similarly, some non-profits, as private organizations, are not subject to the anti-discrimination laws which might apply to similar organizations serving the public for profit. As an example, the Boy Scouts of America do not allow girls as Cub Scouts or Boy Scouts, and the courts have held this does not violate anti-discrimination laws.
Charity non-profits face many of the same challenges of corporate governance which face large, publicly traded corporations. Fundamentally, the challenges arise from the "agency problem" - the fact that the management which controls the charity is necessarily different from the people who the charity is designed to benefit. In a non-profit corporation, the "agency problem" is even more difficult than in the for-profit sector, because the management of a non-profit is not even theoretically subject to removal by the charitable beneficiaries. The board of directors of most charities is self-perpetuating, with new members chosen by vote of the existing members.
https://en.wikipedia.org/wiki/United_Sta...rofit_laws
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Should pro gay organizations lose their tax exempt status?
