Wednesday, May 13, 2015

‘When Pigs Fly’

Sometimes the slope really is slippery. Rod Dreher:
… Asked whether the hypothetical religious college at the top of this article could lose its tax-exempt status for refusing to recognize John and James as married students, constitutional law scholar Cass Sunstein said: “Sure–and if pigs had wings they could fly.”

“The answer is no,” said Sunstein, a professor of law and political science at the University of Chicago. “That’s an argument that would be generated by advocacy groups trying to scare people. The likelihood religious organizations would lose their tax exemption is as close to zero as anything in law is.”
That comes from a Chicago Tribune article in … 2006. Meanwhile, last month at the Supreme Court:
Here is an exchange between Alito and Solicitor General Donald B. Verrilli Jr., arguing for the same-sex couples on behalf of the Obama administration.

Justice Alito: Well, in the Bob Jones case, the Court held that a college was not entitled to tax-­exempt status if it opposed interracial marriage or interracial dating. So would the same apply to a university or a college if it opposed same­-sex marriage?

General Verrilli: You know, ­­I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue. I don’t deny that. I don’t deny that, Justice Alito. It is­­ going to be an issue.
If pigs had wings they could fly … as close to zero as anything in law is. So it’s not true after all. Oh well, when it happens, the bigots will deserve it anyway.
Perhaps needless to say, I have every confidence that the BJC will complacently assure us that there is no real danger and, anyway, "when it happens, the bigots will deserve it."