May 29, 2009
Watchdog Group Urges IRS to Review Liberty U. on Issue of Club
By Grant Williams
Washington
Americans United for Separation of Church and State, a civil-liberties watchdog group in Washington, is asking the Internal Revenue Service to investigate Liberty University after the university dropped its official recognition of a student Democratic Party club. Liberty University, in Lynchburg, Va., was founded by the late Rev. Jerry Falwell.
“I believe Liberty University may have violated federal tax law in denying recognition to this club while extending it to a Republican organization, and I hope you will investigate this matter,” the Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, wrote the IRS.
After Mr. Lynn sent his letter, Liberty Counsel, a nonprofit litigation, education, and policy organization, said it plans to file a complaint next week against Americans United for Separation of Church and State on behalf of Liberty University.
Mat Staver, founder and chairman of Liberty Counsel and dean of Liberty University School of Law, said Liberty University’s decision to drop its endorsement of the campus Democratic club “had nothing to do with the political nature of the club” and was “solely based upon the moral issues of abortion and marriage.”
Mr. Staver said that Liberty University, as a private institution, can decide to lend its name or provide money to student groups of its own choosing. “Liberty has complete freedom to officially recognize or not recognize any club, especially when the decision is based on its core mission,” he said. “Liberty is not endorsing or opposing political candidates.”
Mr. Staver said Liberty Counsel has collected information on Americans United for Separation of Church and State and was prepared to show the organization’s political bias “because they file these letters to silence churches and other conservative organizations by intimidating them.”
“They’re not intimidating us,” Mr. Staver added. “In fact, we’re fighting back.”
‘Contrary’ Causes
The student Democratic Party club at Liberty University was recently informed by a university official that the club was no longer officially recognized by the university.
Jerry Falwell Jr., chancellor and president of Liberty University, said in an op-ed piece posted on the university Web site on Monday “that “Liberty University will not lend its name or financial support to any student group that advances causes contrary to its mission.”
He continued, “While the students in the college Democrat club are pro-life and support traditional marriage, the constitution of the club pledged support to advance the Democratic platform and candidates. The 2008 Democratic platform has taken an extreme turn to the left on social issues. For the first time it supports federal funding of abortion and repeal of the federal Defense of Marriage Act, a law passed overwhelmingly by a bipartisan Congress and signed by President Bill Clinton. Liberty University will not lend its name or financial support to undermine marriage or to promote abortion.”
Mr. Falwell said that the students in the Democratic club “can continue to meet on campus. The only thing that has changed came about as part of a university-wide review of all student organizations for official recognition status. Official recognition carries with it the benefit of using the university name and funds. While this group will not be an officially recognized club, it may still meet on campus.”
In a press release yesterday, Mr. Falwell said that, after Liberty University officials met with three members of the Democratic club and its staff sponsor on Wednesday, he was “optimistic that if the university can work directly with the students that a compromise can be reached.”
Mr. Lynn, of Americans United for Separation of Church and State, said in a press release that as a tax-exempt institution, Liberty University isn’t allowed to support one party over another. If the school insists on pushing policies that favor Republicans over Democrats, it should have to surrender its tax exemption, he said.
In his letter to the IRS, Mr. Lynn said that “political clubs operating on campus often endorse and work on behalf of candidates, and officially recognized clubs are eligible for funds through student-activity fees. This decision by Liberty effectively means that only the Republican club, which works to elect Republicans, will receive funding. The university’s decision offers Republican candidates a type of in-kind contribution that is not being made available to Democratic candidates.”
Jack Siegel, writing at Charity Governance earlier this week, said that Liberty University’s decision “looks to us like another calculated challenge by certain religious organizations to the prohibition on Section 501(c)(3) organizations from participating in political campaigns. We look forward to the fireworks that Liberty University’s apparent in-your-face move will spark.”
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I appreciate Mr. William’s excellent writing and balanced approach to issues.I consider him one of your best reporters. Keep up the good work, Mr. Williams.
— Bruce Saxon Jun 5, 04:59 PM #
Here is the real sin: In addition to paying the good Dr. Jerry Falwell a salary of $273,957 + $21,113 benefits (and another $175,115 + $22,224 benefits to his son, Jerry, Jr.) in the fiscal year ending 6/30/2007, Liberty University granted $4,208,989 to Jerry Falwell Ministries…the largest grant to anyone during that year(and other grants to other Jerry Falwell-related organizations). Sounds like Liberty should just become a for-profit institution and change their name to Jerry & Company. And that is just one year! (I would bet the numbers are staggering if you add up the last ten years!) I think the IRS should pull their 501©3 status.
— P.K. O'Rourke Jun 10, 10:04 PM #