A gay rights advocacy group claims that the Roman Catholic Diocese of Maine is violating tax rules by helping a referendum campaign that would repeal the state’s new same-sex marriage law.

The Empowering Spirits Foundation said its challenge was filed at an Internal Revenue Service office in Dallas. The San Diego-based group said the diocese is engaging in political activity by collecting signatures for the referendum, violating IRS rules applying to nonprofits.

The ballot question would overturn Maine’s gay marriage law. Gay marriage foes need the signatures of at least 55,087 registered voters to get the question on the ballot. The petitioners have until three months after the Legislature adjourns, which is expected to happen in mid-June, to collect the signatures.

IRS policy allows the diocese to participate in the campaign and help collect signatures, said Marc Mutty, public affairs director for the diocese. He rejected the IRS challenge as a “bogus attempt to sidetrack the campaign.”

Leonard Cole, a Portland attorney who specializes in tax and nonprofit issues, suggested that the church’s involvement could put it at odds with IRS rules that restrict lobbying by tax-exempt nonprofits.

“It’s hard for me to imagine how you seek someone’s signature on a petition without it arguably at least being an attempt to influence their vote once the measure was on the ballot,” Cole said.

Labels: gay marriage, Maine, religion, religious liberty

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