There would be no surprises. We're not sneaking up on anybody. The public would have plenty of notice and and plenty of opportunity to comment, and that's not going to happen in the next 2 ½ years. – IRS Commissioner John Koskinen

SALT LAKE CITY — The IRS promised not to strip religious institutions of their tax-exempt status based on their belief in traditional marriage under questioning from Sen. Mike Lee in a Senate committee hearing.

Lee, R-Utah, asked IRS Commissioner John Koskinen on Wednesday if he could commit to not take action to remove the exemption for religious colleges and universities during his tenure, absent a directive by Congress or the courts.

"I can make that commitment," Koskinen told the Judiciary Oversight Subcommittee.

Koskine said if there were a policy change, the IRS and the Treasury would jointly propose a draft regulation for public comment.

"There would be no surprises. We're not sneaking up on anybody," he said. "The public would have plenty of notice and plenty of opportunity to comment, and that's not going to happen in the next 2 ½ years."

Koskinen's answer satisfied Lee, but after the hearing the senator said he still worries that the IRS doesn't absolutely disavow the power to target religious institutions based on their beliefs, even if the current commissioner has committed not to do anything for the time being.

Earlier this week, Rep. Jason Chaffetz, R-Utah, called on President Barack Obama to fire Koskinen. Chaffetz, chairman of the House Oversight Committee, said Koskinen has obstructed a congressional investigation into the treatment of conservative groups.

Specifically, Chaffetz wrote in a letter to Obama that Koskinen failed to comply with a congressional subpoena, failed to testify truthfully and failed to preserve and produce up to 24,000 emails relevant to the investigation.

The White House has said the president doesn't intend to remove Koskinen.

Lee last month introduced the First Amendment Defense Act, which would prevent federal agencies from taking action against a religious organization for its marriage beliefs.

The bill would allow churches to remain tax-exempt if they refuse to officiate same-sex weddings. It would protect religious schools from being disqualified for accreditation or federal financial aid because of their stance on same-sex marriage.

It also applies to people who work for the government, allowing them employment opportunities regardless of their beliefs about marriage.

Lee earlier said the U.S. Supreme Court decision allowing same-sex marriage could give federal agencies a "conceivable" chance of revoking tax exemptions for churches that refuse to perform same-sex marriages.

Groups such as Equality Utah say the bill goes too far because it would allow faith to be used as a defense against discrimination claims.

Lee filed similar legislation in 2013 that did not advance.

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