House Dems seek IRS review of anti-LGBTQ organization’s tax status

ABOVE: Rep. Suzan DelBene. Photo via DelBene’s Facebook page.

A group of House Democrats, in the wake of a report finding the Family Research Council has been granted a special tax status as an “association of churches,” is calling on the Internal Revenue Service to investigate the prominent anti-LGBTQ organization’s designation under the tax code.

The 38 House Democrats — led by Reps. Suzan DelBene (D-Wash.) and Jared Huffman (D-Calif.) — articulate the call in an Aug. 1 letter to the IRS, arguing the Family Research Council is “primarily an advocacy organization and not a church.”

“We understand the importance of religious institutions to their congregants and believe that religious freedom is a cherished American value and constitutional right,” the letter says. “We also believe that our tax code must be applied fairly and judiciously. Tax-exempt organizations should not be exploiting tax laws applicable to churches to avoid public accountability and the IRS’s examination of their activities.”

The impetus for the letter was a July report in ProPublica revealing the Family Research Council — which pushes for legislation against gender reassignment surgery for youth, filed friend-of-the-court briefs in favor of overturning of Roe v. Wade, and pushed for exemptions for individuals refusing to provide services for LGBTQ people over religious objections — is considered an “association of churches” with Tony Perkins, president of the anti-LGBTQ group, as its religious leader.

According to ProPublica, the Family Research Council is among a number of social conservative groups in recent years that have sought and been granted tax status as churches, which shields them from financial scrutiny. As a result, Family Research Council won’t be required to issue an IRS 990 detailing its finances and salaries of key staff members, nor can the IRS initiate an audit of the organization without approval from a high-ranking Treasury Department official, ProPublica reports.

The letter from House Democrats seeks from the IRS: 1) An expeditious review of the status of the Family Research Council; 2) Investigation on whether other political advocacy organizations have obtained church status, but do not satisfy the IRS requirements for churches; 3) Improvement of the review process for organizations seeking church status to ensure that organizations that aren’t churches can’t abuse the tax code; and 4) a determination on whether existing guidance is sufficient to prevent abuse and whether more congressional actions are necessary.

The Washington Blade has placed a call with the Family Research Council and the Internal Revenue Service seeking comment on the letter and calls to review the organization’s tax status.

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