Mark, the state cannot establish a religion, nor can it restrict free exercise.
I believe that the loss of non-profit status would mean that individuals from that church would be unable to deduct donations to their religious group.
For the state to say that this diocese cannot, but this diocese can is for the state to determine that the Maine diocese is separate from the Catholic church.
Individual’s donations are to the Catholic Church, and the state would have to impose some arbitrary percent that the state would determine as Maine’s percent of the Catholic Church.
That sure sounds like imposing a state authorized organizational chart on the Catholic Church.
Agreed. I seem to recall a couple of examples in the past where religious organizations lost their tax-exempt status for unauthorized political activity (supporting or opposing a specific candidate). Don't ask specifics, though, please as, if I could remember an example, I'd have cited it here.
I believe that the loss of non-profit status would mean that individuals from that church would be unable to deduct donations to their religious group.
That's exactly right.
For the state to say that this diocese cannot, but this diocese can is for the state to determine that the Maine diocese is separate from the Catholic church.
Actually, that is exactly the way it would happen. The way that the Catholic Church is organized, each diocese is it's own "particular" church. The diocesan bishop is the one who owns all the property in that diocese and is the employer within that diocese. That precedent was actually legally set during the priest scandal a few years ago.
Individual’s donations are to the Catholic Church, and the state would have to impose some arbitrary percent that the state would determine as Maine’s percent of the Catholic Church.
The way I make my donations in church are to the individual parish, to a specific cause, or to the Archdiocese directly -- in the case of the Archbishop's fund. I have never made a donation to the "Catholic Church" as an entity, nor am I sure how I would actually go about doing so if I was so inclined. (What happens is that the diocese taxes the parish a certain percentage to cover its operating expenses and to support mission churches within the diocese -- and likewise, the diocese pays a tax (I think the actual term is a levy) to the Vatican and to the USCCB)
That sure sounds like imposing a state authorized organizational chart on the Catholic Church.
Actually, no. There is one Catholic diocese within Maine: the diocese of Portland (Maine), so, in this case, it would be really easy. Where it would be difficult would be someplace like Maryland. Three dioceses (Baltimore, DC, and Wilmington), and two of them cover multiple states.
“Individual’s donations are to the Catholic Church, and the state would have to impose some arbitrary percent that the state would determine as Maine’s percent of the Catholic Church.”
The entity is a not for profit corporation called “Roman Catholic Bishop of Portland”. It is a “corporation sole” (no pun intended, its a common law corporate form), rather like a single member LLC, where the corporation is fully embodied in the person of the current bishop of Portland. That, padre, is what would lose its 501(c)(3) status if this homosexual group prevails, which I am confident it won’t.