“For the People” Act: Donor Disclosures, Free Speech Threats, and Other Bad Ideas

Is it campaign finance reform, or yet another threat of harm to First Amendment rights affecting donors and tax-exempt organizations?  This spring, the U.S. House of Representatives passed an “omnibus” campaign finance bill called “For the People Act,” (H.R. 1) which addresses a wide range of election and related matters. The Act expressly excludes Section 501(c)(3) public charities from its donor disclosure and reporting requirements, but not Section 501(c)(4) social welfare or other tax-exempt organizations.  While the proposed legislation likely will go nowhere in the Senate, it warrants notable mention in the following ways.

SCOTUS Trio: Does Title VII “Sex” Discrimination Include “Sexual Orientation” and “Gender Identity”?

The U.S. Supreme Court recently accepted a trio of cases addressing whether Title VII’s prohibition of “sex” discrimination in employment contexts should focus on biological male and female distinctions, or if it should be expanded and redefined to cover “sexual orientation” or “gender identity.” Lower federal courts have split on these issues. The Equal Employment Opportunity Commission (EEOC) has favored such expansiveness, while the Trump administration is opposed. Against the backdrop of our prior articles on related employment discrimination litigation, this article highlights the tension between the judiciary and legislative government branches as well as significant religious liberty interests at stake.