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

Family Research Council designated ‘association of churches’

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Rep. Suzan DelBene (D-Wash.) is among those leading a call for an investigation into the Family Research Council.

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 ā€” led by Reps. Suzan DelBene (D-Wash.) and Jared Huffman (D-Calif.) ā€” 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 IRSā€™s examination of their activities.”

The impetus for the letter was a July report in ProPublica revealing the Family Research Council ā€” 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 ā€” 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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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday ā€” all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

ā€œThe U.S. Department of Education has no authority to let boys into girlsā€™ locker rooms,ā€Ā Tennessee Attorney General Jonathan Skrmetti said in a statement. ā€œIn the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, ā€œThese regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule ā€œprotects LGBTQ+ students from discrimination and other abuse,ā€Ā adding that it “appropriately underscores that Title IXā€™s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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Rehoboth Beach

Former CAMP Rehoboth official sentenced to nine months in prison

Salvator Seeley pleaded guilty to felony theft charge for embezzlement

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Salvator Seeley (Photo courtesy CAMP Rehoboth)

Salvator ā€œSalā€ Seeley, who served as an official with the Rehoboth Beach, Del., CAMP Rehoboth LGBTQ community center for 20 years, was sentenced on April 5 by a Sussex County Superior Court judge to nine months in prison and to pay $176,000 in restitution to the organization.

The sentencing took place about five weeks after Seeley pleaded guilty to a charge of Theft in Excess of $50,000 for allegedly embezzling funds from CAMP Rehoboth, a spokesperson for the Delaware Department of Justice told the Washington Blade.

Seeley’s guilty plea came shortly after a grand jury, at the request of prosecutors, indicted him on the felony theft charge following an investigation that found he had embezzled at least $176,000 from the nonprofit LGBTQ organization.

ā€œSalvatore C. Seeley, between the 27th day of February 2019 and the 7th day of September 2021, in the County of Sussex, State of Delaware, did take property belonging to CAMP Rehoboth, Inc., consisting of United States currency and other miscellaneous property valued at more than $50,000, intending to appropriate the same,ā€ the indictment states.

ā€œThe State recommended a sentence of two years of incarceration based on the large-scale theft and the impact to the non-profit organization,ā€ Delaware Department of Justice spokesperson Caroline Harrison told the Blade in a statement.

ā€œThe defense cited Seeleyā€™s lack of a record and gambling addiction in arguing for a probationary sentence,ā€ the statement says. ā€œSeeley was sentenced in Superior Court to a nine-month prison term and to pay a total of $176,000 in restitution for the stolen funds,ā€ Harrison says in the statement.

Neither Seeley nor his attorney could immediately be reached for comment.

At the time of Seeleyā€™s indictment in February, CAMP Rehoboth released a statement saying it first discovered ā€œfinancial irregularitiesā€ within the organization on Sept. 7, 2021, ā€œand took immediate action and notified state authorities.ā€ The statement says this resulted in the investigation of Seeley by the state Department of Justice as well as an internal investigation by CAMP Rehoboth to review its ā€œfinancial control policiesā€ that led to an updating of those policies.

ā€œAs we have communicated from day one, CAMP Rehoboth has fully cooperated with law enforcement,ā€ the statement continues. ā€œAt its request, we did not speak publicly about the investigation while it was ongoing for fear it would jeopardize its integrity,ā€ according to the statement. ā€œThis was extremely difficult given our commitment to transparency with the community about day-to-day operations during the recent leadership transition.ā€

The statement was referring to Kim Leisey, who began her job as CAMP Rehobothā€™s new executive director in July of 2023, while the Seeley investigation had yet to be completed, following the organizationā€™s process of searching for a new director. It says Seeley left his job as Health and Wellness Director of CAMP Rehoboth in September of 2021 after working for the organization for more than 20 years.

ā€œMr. Seeleyā€™s actions are a deep betrayal to not only CAMP Rehoboth but also the entire community we serve,ā€ the statement says.

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