COLLEGE STATION, Texas (BP) – Divine Creative Ministries is a nonprofit organization that bills itself as “a discipleship-centered ministry advancing the Gospel through creativity and technology.” Last year, those convictions placed it at odds with a secular company over that company’s nonprofit discount.
Through consistent communication and a little pressure, the issue was resolved in December and a discount applied without the need to file a suit. But there are lessons for other Christian nonprofits and ministries, said founder Bailey Mullens.
“We provide opportunities for creatives and innovators to work on projects that will lead people to the Lord and will glorify Him,” Mullens explained.
As a 501(c)(3), Divine Creative is dependent on donations and grants. GitHub, a subsidiary of Microsoft, offers such support. Last August, as Mullens was going through GitHub’s steps, he came across a checkbox marked “Not Religious.”
Through the assistance of attorney Sion Alford, a supporter of Divine Creative since its inception in 2022, Mullens drafted a letter for GitHub.
It stated that, as a religious nonprofit, Divine Creative could not check the box and requested an eligibility review or exception/appeal. Also included was documentation of the organization’s nonprofit status and acknowledgement that Divine Creative otherwise complied with GitHub’s terms and services.
“Our legal counsel has advised us to first seek a cooperative resolution through standard support channels,” the letter read. “If ineligibility would be based solely on religious status, we respectfully request neutral treatment or written explanation citing a specific policy text so we can reevaluate, so we can evaluate next steps.”
Correspondence continued throughout the fall, with little movement. At one point, Mullens said, he was informed by GitHub that Divine Creative would receive the nonprofit discount, only for that to lead to another period of waiting.
“We’re not trying to rush to get into some lawsuit with Microsoft,” said Mullens. “But we had definite case law backing our position, and we needed the discount for our organization.”
A demand letter by Alford on behalf of Divine Creative cited California’s Unruh Civil Rights Act and Alliance Defending Freedom’s successful cases against the software company Asana and OpenAI earlier last year.
Unruh has typically been used against Christian-based ministries in cases such as those dealing with cakes, wedding venues and adoption agencies. But the law also prohibits religious discrimination. In this case, GitHub was the business, while Divine Creative said it was the target of religious bias.
ADF argued on behalf of Holy Sexuality, a ministry that creates educational content about biblical teachings, last April when Asana denied it a 50 percent nonprofit discount. In July, ADF reached another favorable settlement after OpenAI rejected Holy Sexuality’s bid for a nonprofit discount on a subscription because it was a religious organization.
Mullens sees his experience as one with implications for all ministries seeking fair access to tools and opportunities.
“Even local churches rely on productivity tools like Asana for their day-to-day operations,” he said.
Alford served as general counsel and legal counsel for hundreds of religious organizations at his previous firm. He pointed out that churches and ministries can learn the value of not backing down “from any major company.”
“Religious discrimination is blatantly wrong and, more importantly, enshrined in the foundations of our nation and case law,” he said. “Don’t let them intimidate you. Most times, a lawsuit is not even necessary. Well-placed communication can be just as effective.”
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