Law Review
Northwestern Law

Welcome to NULR Online

Open Access Policy


Subscribe to NULR Online's Feed
Northwestern University Law Review : NULR Online : Individual Page Archive

« Combating Midnight Regulation | Main | A Team Production Approach to Corporate Law and Board Composition »

February 09, 2009


TrackBack URL for this entry:

Listed below are links to weblogs that reference The LDS Church, Proposition 8, and the Federal Law of Charities:


Chino Blanco

You might be interested to note the dollar value that the Yes on 8 campaign's own manager - Frank Schubert - assigned to the kind of California statewide micro-targeting efforts that benefited Prop 8:

$26 million.

A figure cited by the manager of a campaign that is on record admitting that 80-90% of Prop 8 canvassers were Mormon.

Sam B.

A couple quibbles (albeit significant quibbles) with your descriptive analysis: first, the proscription against lobbying is not a proscription against "substantial" lobbying efforts; it is, instead, a proscription against a tax-exempt using a substantial part of its activities in order to influence legislation. As such, it seems clear that a larger organization can use more absolute money. You could be right if 501(c)(3) prohibited substantial lobbying efforts, but it does not.

Moreover, because the substantiality limitation is a proportionate limitation, if you're going to take into account the value of a church's influence telling its members to vote in a certain way (or tell their community to vote in a certain way), it seems obvious to me that the same valuation must be used to calculate the fair value of the church's telling its members to repent, to serve, to pray, to come to church, etc.

You may be making a normative argument (although that's not how it reads). But it is pretty clear, according to the press that you rely on, that the Mormon church didn't use a substantial part of its activities in attempting to influence Proposition 8.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)