American Atheists v. Shulman
On December 12, 2012, American Atheists and two co-plaintiffs filed a lawsuit in U.S. District Court in the Eastern District of Kentucky demanding that the Internal Revenue Service (IRS) stop giving preferential treatment to churches and religious organizations via the process of receiving non-profit tax-exempt status under the Internal Revue Code (IRC) procedures and definitions.IRS
Groups like American Atheists receive tax-exempt status under Internal Revenue Code 501(c)(3) but, because the organization is not classified as religious, it costs American Atheists and other secular non-profits significantly more money each year to maintain that status. In this lawsuit, American atheists and the other plaintiffs are demanding that all tax-exempt organizations, including those characterized as religious by the IRS, have the same requirements to achieve and maintain tax-exempt status.
In order to qualify for nonprofit tax-exempt status, any religious or secular organization must demonstrate it exists to benefit the public. After that basic element is established, religious non-profits are almost always declared automatically tax-exempt under the current IRC rules and definitions. However, secular non-profits face a lengthy application and a fee, which can be as high as $850.
Religious organizations and churches are treated differently from secular organizations. The exemptions are applied in a way that discriminates solely on the basis of whether an entity’s members express beliefs and practices accepted as religious. The IRS treats your organization better if you profess belief in a supernatural deity.
If they push this to the Supreme Court and win, this would end the discriminatory practice of allowing churches special privilege.
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