CNA Staff, Nov 26, 2020 / 11:01 am
The Trump administration has asked the Supreme Court to review a challenge to a California requirement that charitable organizations disclose their major donors to the state attorney general, siding with groups like the Thomas More Law Center that say the requirement will make their donors vulnerable to retaliation, harassment, and violence.
The move from the U.S. Solicitor General’s Office drew praise from John Bursch, senior counsel and vice president of appellate advocacy at the Alliance Defending Freedom legal group.
“Charitable entities shouldn’t be required to disclose confidential donor information to state officials who do not need it and who fail to adequately protect donor identities from disclosure to the public,” Bursch said Nov. 24. “We are pleased that the United States agrees that this case presents critically important issues that the Supreme Court should decide immediately. Forced donor disclosure is a threat to everyone and discourages both charitable giving and participation in the marketplace of ideas.”
Alliance Defending Freedom is backing the Michigan-based Thomas More Law Center’s complaint in the case. The center promotes issues related to religious freedom, moral and family values, and the sanctity of human life, Alliance Defending Freedom said in August 2019. Another challenger to the California rules is the Americans for Prosperity Foundation, which tends to take conservative or libertarian positions on questions of economics and other issues, including opposition to labor unions.
Acting Solicitor General Jeffrey B. Wall filed a brief asking the Supreme Court to grant a hearing on the case, which was victorious in federal district court but suffered a defeat in the Ninth Circuit Court of Appeals
“As this court’s precedents make clear, compelled disclosures that carry a reasonable probability of harassment, reprisals, and similar harms are subject to exacting scrutiny, which requires a form of narrow tailoring,” said the brief to the Supreme Court. The solicitor general’s office said the appeals court ruling “compromises important associational interests protected by the First Amendment.”
“Petitioners alleged that their contributors had in the past suffered harassment, reprisals, and similar harms because of their association with petitioners,” the brief said. Disclosure would likely “expose their substantial contributors to those harms, and thereby deter those contributors and others from making future contributions.”
At issue is a matter of non-profit tax forms and the crucial information they contain.