There has been growing criticism (and falling poll numbers) of Virginia Governor Abigail Spanberger after she ran as a moderate and then immediately veered to the far left after her election. Once in power, Spanberger and the Democrats unleashed a slew of tax increases, moved to eliminate all but one Republican district in the purple state, passed an array of anti-gun laws, and enacted other controversial measures. One of these measures is a clearly unconstitutional effort to strip pro-Confederate groups of their tax exemption.
This week, Spanberger signed HB167, the law that eliminated the tax exemption for various confederacy-linked groups, including the Virginia Division of the United Daughters of the Confederacy, the General Organization of the United Daughters of the Confederacy, the Confederate Memorial Literary Society, the Stonewall Jackson Memorial, Incorporated, the Virginia Division, Sons of Confederate Veterans, and the J.E.B. Stuart Birthplace Preservation Trust, Inc.
Notably, as soon as they came into power, Democrats also passed House Bill 1377 to move against the Virginia Military Institute, including appointing a task force that could effectively close the historic school. Many Democrats have previoulsy sought to close VMI despite its unique and inspiring history in training some of our most famous military leaders, including General George Marshall. Liberals want to close the school due to its history from the Civil War.
Spanberger recently expressed support for the effort but returned the bill with suggestions to use the board of directors to carry out the review.
Spanberger’s substitute eliminates that task force entirely and instead directs VMI’s own board of visitors to carry out the review.
The board would be empowered to carry out a fairly hostile and open-ended agenda, including to “distance [VMI] from the Lost Cause narrative, foster an inclusive environment, and address any other concerns.” Spanberger has appointed 27 new board members, including former Gov. Ralph Northam, who is viewed as hostile to VMI.
The New York Times explained that the Democrats wanted to “distance Virginia from its Confederate past.” However, they also want to use a content-based law to discriminate against groups with which they disagree. The law clearly violates the First Amendment, but neither Spanberger nor the Virginia Democrats appear to care.
In Reed v. Town of Gilbert, 576 U.S. 155 (2015), the Court struck down a signage regulation because”restrictions … that apply to any given sign [depend] entirely on the communicative content of the sign.” Likewise, Simon & Schuster, Inc. v. Members of the N.Y. State Crime Victims Bd., 502 U.S. 105, 116 (1991), the Court stressed that the government’s ability to impose content-based burdens on speech raises the specter that the government may effectively drive certain ideas or viewpoints from the marketplace.
From taxes to trademarks, content-based discrimination runs afoul of our free speech values. In Matal v. Tam, 582 U.S. 218 (2017), the Court cited Justice Oliver Wendell Holmes decision in United States v. Schwimmer, 279 U. S. 644, 655 (1929), that “the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate.'”
Over 30 years ago, I wrote about the collision between anti-discrimination laws and the free exercise of religion. I have been critical of the use of the tax code to effectively punish organizations that do not comport with the IRS’s view of good public policy.
That prior work was critical of the 1982 decision involving Bob Jones University, in which the Supreme Court upheld the denial of tax-exempt status. In the case of Bob Jones, the university was engaged in reprehensible racial discrimination. However, I wrote how the actual standard is far more vague and could potentially be used more broadly.
Virginia is an example of precisely that problem in the use of tax exemptions to engage in viewpoint discrimination.
I have opposed such moves with a variety of organizations with which I have long-standing objections. That includes the Administration’s threat to revoke Harvard University’s tax-exempt status.
Tax exemption should not be a status bestowed upon those adhering to the demands of whatever party is in power. Free speech and associational rights are fostered by granting this status.
Virginia will now spend additional money to defend this unconstitutional action and fight for the right to discriminate against those who have opposing views in the state.
Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
“The New York Times explained that the Democrats wanted to ‘distance Virginia from its Confederate past.’”
Wait a minute. Wasn’t it the Democrats that seceded from the Union and started a vicious Civil War to defend slavery, with Richmond, VA as the capital of hue Confederate states? Wasn’t it the Democrat Andrew Jackson that displaced native Americans from their home in the southeastern U.S. and forcibly marched them west (resulting in the death of many during their trek west) and then stole their land? Wasn’t it a Democrat President Woodrow Wilson who desegregated the U.S. armed forces that were desegregated after the Civil War? Wasn’t it Democrat governors and Democrat politicians that “stood in the schoolhouse door” in the 1950s to prevent desegregation of public schools and colleges? Spamberger and her fellow Democrats are engaging in revisionist history, not unlike what most developing totalitarian states do early in their establishment.
Wake up, Virginia.
@Vincente
I don’t see it nearly as much these days, but it used to crack me up when anyone would proudly proclaim themselves to be a ‘generational Southern Democrat’, seemingly oblivious to the connotations. Al Gore’s distant cousins weren’t the ones workin’ that family tobacco plantation in the film, folks.
She is an insight into the “New Democrat” that Carville was calling for: lie and cheat to get power then change the rules to destroy your opposition to turning America up side down. She obviously will have no scruples about voter fraud.
The dems want to distance themselves from the Confederacy and eliminate any remnants of it (such as, say, statues. Mao would be so proud) because they WERE the Confederacy. If in power ever again I’m sure we’ll go from them already laughably saying and teaching, ‘Yeah, but the parties switched!’, to, ‘No, that was always those other guys.’
They are transparent and pathetic, and it is almost assured anytime they pretend to be of noble intention they are simply scrubbing their own dirty laundry or grabbing at power (*cough*personalemailservers*cough*). Often both.
Virginia is for Fascists.
Full Red Guard
Moderate
WOW I’ve been to Virginia.
It was a great place back in the 1970’s.
What a shame.
Democrats doing un-Constitutional things. How surprising.
Democrats, pretending to be something they are not, to fool their own voters to win elections. How surprising.
SPAMburger has led VA to a sinkhole – and it has fallen in.
As with so many others across the nation, a broad swath of Virginia voters have yet to be diagnosed as negative for stupid, no less gullible. Furthermore, if they were a vaccine to prevent same, these wretched individuals would refuse it. The manifestation of the soft bigotry of low expectations for the intelligence of the low information voter by the political establishment is in effect at all times. Therefore, do not sent to know who was elected. Send to know who voted. Therein lies the rub.
Here’s another crazy worth watching, NJ own and Bernie protege, Analilia Mejia.
“NJ own and Bernie protege, Analilia Mejia”
Do not omit the new NJ Gov, Heli Ho (alternative nickname could be Copter C***) Mikie Sherrill…
Why not just fight the CIvil War all over again?
Democrats need to remember the saying. . .”What goes around, comes around.”
The problem is conservatives have become weenies, scared to make a decision on how to run a campaign. They need to get down and do the dirty work of upending the liberals (socialists) at their own game.
how about we start JAILING lawless Democrats?
Nah. Send them to Canada for TDS counseling. I hear that euthanasia is catching on up there.
Yes, Virginia there is a Santa Claus, but he’d be removed, forced to embrace dei & taxed in that state…
Good one!
The Virginia Military Institute Board of Visitors came within one vote of electing to go private in the face of RBG’s infamous opinion requiring the VMI to go co-ed. The vote failed primarily – I understand from Brother Rats who were in the room – because of concerns the Federal government (it was Clinton’s second term) would withdraw ROTC and the availability of commissions from graduates. Financial concerns were also significant.
Nonetheless, had the VMI become private at the turn of the century, it would not be subject to destruction now.
Come On Man! Comrade Spanberger was NEVER A MODERATE! Once a CIA Crony always a CIA Crony! Psyops and Disinformation were her world for years and that habit is part of HER NOW! She knew most Virginia voters are Sheeple and low IQ including the numb nut Blue Beltway DC Bureaucrats in her state. Those idiot Fed, State, and Local Yocal employees vote BLUE even if it was a Democrat Chihuahua running for Governor! Going to be the New Cali/NY/Md Soviet Style Republic.
AMEN!!
Putting Ralph Northam–who famously posed in black face alongside his then-girlfriend who was dressed in a KKK robe and hood, while in medical school–on a board in charge of VMI to enforce some sort of racial equity is the height of irony. Democrat politicians love Northam, despite his racist past. Now, they race to virtue-signal. We learned that Obama used the IRS under Lois Lerner to discriminate against groups perceived as “conservative” or “right leaning”. She even managed to destroy her hard drive to prevent accountability. Apparently, Scamberger was paying attention and realized that nothing happened to Lerner or Obama for clear bias in public policy.
From tax exempt status to Northam, to Obamna, to Spamberger. Quite the leap for a Saturday morning. Had a coffee yet?
“Democrat politicians love Northam, despite his racist past. ”
They also loved his Lt Gov, Justin Fairfax, running him for Gov, until evidence surfaced publicly about what a scumbag be was. Fairfax recently murdered his wife and committed suicide in the middle of a messy divorce, no doubt prompted by his ongoing misbehavior. Fairfax, who advocated virulently anti-2A, positions, used a firearm for his final act. Just exemplifies the Dems’ typical taste in politicians.
The problem is that Spanberger just seems to pleased to have deceived the voters as to what kind of creature she really is. “I fooled you, I fooled you,” she seems to joyfully say as in the long dated country song by
Lonnie Donegan – Rock Island Line in 1961.
This seems to be the battle plan for the Dems going forward in current 2026 elections – “To Deceive and Divide.” Well, maybe except for Tom Steyer – a nut job running inside a nut job state, i.e. California.
?????
This all started in earnest with the removal and destruction of the Robert E. Lee statue in Charlottesville, where there was no public debate about the merit, and lack thereof, in removing the statue. And no one from the local University of Virginia spoke out in defense of retaining the historical marker, lest they be labelled racist. We have lost the ability to discuss matters of importance in this country, and instead of coming together become more and more polarized. Many seek to demonize those who lived in another time; it is likely that these same people will be demonized in 150 years by a society that is appalled by those who could kill unborn children out of convenience, a crime as bad as slavery was. They are the very definition of hypocrites.
By her logic shouldn’t the Democratic National Committee (DNC) lose its tax-exempt status? The party of slavery, of Jim Crow, of segregation, of both iterations of the KKK, of failed schools, and worse cities, and other sins, would like to pass judgement on other organizations? The Democrats were the confederacy. Their modern platform is nearly as destructive as their historic platform. They are the party of riots, of open borders, of kiddie sterilization. They applaud assassinations and defend killings by illegals. But they own the media so all this gets glossed over.
The logic is: she is the governor. She can do what she wants as governor. And then, why would she remove the tax exempt status of the DNC? Your logic of her logic is specious.
Now having said that. Democrats.org states:
The Democratic National Committee (DNC) and its associated fundraising committees generally do not have tax-exempt status for charitable contributions, meaning donations to the DNC are not tax-deductible. While some organizations may apply for specific designations, such as the Philadelphia 2016 Host Committee which had a pending 501(c)(3) application, political parties and campaign committees are typically classified as political organizations under IRC section 527 rather than as 501(c)(3) charitable entities.
Political Contributions: Donations made to political parties, candidates, or campaigns are not tax-deductible for individuals or businesses, regardless of whether the organization is a 501(c)(3) charity or a 527 political organization.
DNC Specifics: The DNC explicitly states that contributions or gifts to the committee, including those made in a will or trust, are not tax-deductible.
Tax Classification: Political parties, campaign committees, and Political Action Committees (PACs) are subject to tax under IRC section 527 and do not qualify for the tax-exempt status that allows for charitable deductions.
Spanberger “can do what she wants as governor.”
When D’s say something, believe them.