Why the IRS Should Investigate the National Organization for Marriage

It's no secret that the National Organization for Marriage is trying to play a role in the November 2010 elections. They've spent quite a bit of money in Minnesota, Maine, Iowa, and California, trying to elect candidates opposed to gay marriage. And it's not just a small dollar amount. Indeed, the National Organization for Marriage has become a $10 million enterprise.

But have they become the beast that they are legally? Meaning, did the organization break the law by engaging so heavily in politics?

That's what two groups are saying today. Both the Human Rights Campaign and the Courage Campaign have filed a complaint with the Internal Revenue Service (IRS) alleging that the National Organization for Marriage, and specifically an arm of the organization known as the Ruth Institute, violated federal law and should be investigated for improper political campaigning.

Their complaint alleges that the Ruth Institute "has repeatedly and flagrantly violated the political campaign activity prohibition of section 501(c) (3) by intervening and participating in multiple candidate campaigns. In the past year Ruth Institute resources have illegally been used to advocate for a U.S. Senate candidate as well as local and statewide judicial candidates."

Specifically, the Human Rights Campaign and the Courage Campaign document the involvement of the Ruth Institute in campaign events for Carly Fiorina, the former CEO of Hewlett-Packard who is challenging U.S. Sen. Barbara Boxer. Fiorina, not surprisingly, is aggressively against gay marriage. In one instance, a leading staff member at the Ruth Institute was found to be violating federal campaign laws at a Fiorina event in San Diego. At that event, the President of the Ruth Institute, Jennifer Roback Morse, handed out bumper stickers for the organization, urged attendees to visit the Ruth Institute's Web site, and openly introduced herself as a member of the Ruth Institute and the National Organization for Marriage.

Combine all that together, and you get a gross and flagrant violation of U.S. law.

Joe Solmonese, the President of the Human Rights Campaign, said the evidence against the National Organization for Marriage's illegal political activity is overwhelming.

"The evidence that the Ruth Institute and the National Organization for Marriage Education Fund repeatedly stepped over the line into illegal activity is indisputable," said Solmonese. "Even fringe groups like the National Organization for Marriage, its associates, and its affiliate groups must abide by federal law."

Adding more fuel to this fire is the National Organization for Marriage's refusal to release its donor records, also required by law. In New York, California, Maine, and Washington state, the National Organization for Marriage is in a legal tussle to hide its donors, even though the U.S. Supreme Court clearly stated last year that supporters of ballot initiatives and political campaigns don't have the luxury of being anonymous in a democracy. (Heck, even Justice Antonin Scalia said as much, which is saying something.)

And the National Organization for Marriage is under investigation by the Maine Ethics Commission for failing to properly register as a political organization in the states.

It all begs the question: has the National Organization for Marriage done anything according to the law since their founding a few years ago? Here's hoping that's a question that the IRS helps discover the answer.

Photo credit: lostinmiami