Democrats in Virginia’s legislature tried once again to roll back tax exempt status for Confederate heritage organizations this year, and Governor Glenn Youngkin once again vetoed the effort. But even if it were to pass, First Amendment scholars fear the action may not hold up in court.
Virginia Beach Democratic Delegate Alex Askew told Radio IQ Tuesday his effort to roll back tax exempt status for confederate heritage organizations in Virginia is based in a noble pursuit.
“We know what the history of the Confederacy is, we know it was steeped in the perpetuation of slavery, the disenfranchisement of African Americans,” Askew said. “I don’t think organizations should receive benefits and receive exemptions in the code of Virginia.”
Askew’s effort passed the 2025 session along party lines, but Governor Glenn Youngkin vetoed it over the weekend saying, “narrowly targeting specific organizations to gain or lose such tax exemptions sets an inappropriate precedent.”
And according to UVA Law professor Kevin Cope, he might be right. Cope said efforts to limit state benefits because of viewpoint date as far back to McCarthy-era loyalty pledges when California tried to withhold tax exempt status for a World War 2 veteran and ACLU employee who refused to sign the pledge. Cope said that case went up to the U.S. Supreme Court which found…
“The government could not withhold these benefits based upon someone’s viewpoint, even loyalty to the United States,” Cope told Radio IQ. “Whether it's a state, the federal government, the IRS, may not discriminate against viewpoints.”
The target of Askew’s law, the Richmond-based United Daughters of the Confederacy, praised Youngkin’s veto. The organization's president general Julie N. Hardaway said in a statement, “we remain committed to our objects of historical, educational, benevolent, memorial and patriotic while continuing to work with communities.”
Still, Askew said his goal wasn’t to infringe on anyone’s rights, but to recognize the economic priorities of the Commonwealth.
“It's about fairness,” he said. “Their properties are worth millions of dollars and some of that tax money could go to the local school system in Richmond and the surrounding communities.”
The effort is also reminiscent, perhaps against Askew’s intentions, of efforts from President Donald Trump’s administration. Cope said there are comparisons to be made between Trump’s executive order to punish Harvard for his perceived slight against Jewish students and Askew’s perceived slight against the African American community.
“They're similar, the Trump attacks on Harvard and Virginia Democrats attempt to withdraw tax exempt status of Confederates, only in that they are both likely unconstitutional [viewpoint discrimination],” he said. “And I suspect a court would determine them as much.”
Still, Askew argued the legislative process itself could insulate the state from future claims.
"Unlike our president, who's sort of unilaterally trying to do this," he said. "We have two bodies in Virginia, and the governor has opportunity to sign or veto a bill."
And he pointed to what he said Confederate heritage organizations were aiming to do: perpetuate a lost cause narrative that has left lingering scars on Virginia.
"We need to begin to move the Commonwealth forward," he said.
If Askew brings the law back next year, with a more sympathetic voice in the governor’s mansion, they may need to build in some funds to support possible litigation. And the courts may once again get the final say.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
