Bob jones dating rules
In what situations does government have the authority to declare that religious institutions are decision.
Chief Justice Burger presided, with Justice William J. (1956) the senior member and Justice Sandra Day O'Connor (1981) the newest member.
By taking away the university's tax-exempt status, the Federal Government is favoring other churches over the Christian fundamentalism of the university.
Moreover, the 1st Amendment's free exercise guarantee, a fundamental protection under U. law, should not be taken away under any circumstances.
The tax-exempt status of discriminatory institutions would be revoked.
Decisions by federal courts and federal courts of appeals upheld the IRS's policy.
Does the 14th Amendment guarantee of due process prevent the IRS from depriving the university of property without a full hearing in a court of law?
"It is a well-established canon of statutory construction that a court should go beyond the literal language of a statute if reliance on that language would defeat the plain purpose of the statute." In reviewing the IRS tax code, Burger found that the "intent" was for tax-exempt organizations to meet certain "common-law standards of charity—namely that an institution seeking tax-exempt status must serve a public purpose and not be contrary to public policy," emphasizing that U. He concluded that in this case, the demands of the 14th Amendment superseded those of the 1st Amendment.
Does the 1st Amendment's Establishment Clause protect all church practices, making Bob Jones University tax-exempt even if its rules conflict with "public policy"?
Should the 1st Amendment's Free Exercise Clause take precedence over the 14th Amendment's Equal Protection Clause?
By taking away the university's tax-exempt status, the government is endorsing a standard for admissions and education policies required to obtain tax-exempt status.
The 14th Amendment guarantee of equal protection should take precedence over 1st Amendment rights in this case.