Ballots are still being counted, but it looks like the majority of California’s voters supported Proposition 8, which eliminates the right of same-sex couples in California to marry. Opponents of Prop 8 are holding out hope that the as-yet uncounted ballots will defeat the measure, but in the event that does not happen, they have already submitted three legal challenges to the California Supreme Court against Prop 8.
Now is the time to remind nonprofits, some of which have already engaged in the efforts to defeat Prop 8 on the ballot, of how they can be crucial voices in another form of advocacy. 501(c)(3) organizations may engage in a limited amount of lobbying, including support or opposition to ballot measures. However, involvement in litigation does not count as lobbying, even if the lawsuit is challenging a ballot measure. Therefore, there are no limits on the amount of advocacy that a 501(c)(3) can do through litigation. In addition to filing suit to challenge the legality of a ballot measure, 501(c)(3) organizations can also get involved in other ways to support the legal advocacy groups that are challenging Prop 8 in court. Nonprofits may educate the public or issue a press release about why Prop 8 should be invalidated. They may also sign on to a friend of a court brief in a lawsuit challenging Prop 8 or make a non-lobbying grant to an organization heading up the litigation efforts.
While we at Alliance for Justice encourage nonprofits to lobby with an understanding of their legal limits, we strongly believe that groups should maximize their ability to participate in unlimited non-lobbying advocacy efforts to protect the rights of communities facing discrimination.
By Nayantara Mehta and Nancy Chen
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