Supreme Court seems likely to side with Catholic Charities in
religious-rights case
[April 01, 2025]
By LINDSAY WHITEHURST
WASHINGTON (AP) — The Supreme Court appeared Monday to be leaning toward
a Catholic charitable organization pushing back against the state of
Wisconsin in the latest religious rights case to come before the court.
In a case that could have wide-ranging effects, the justices suggested
the Catholic Charities Bureau should not have to pay unemployment taxes
because the work of the social services agency is motivated by religious
beliefs, and the state exempts religious groups from the tax.
“Isn't it a fundamental principle of our First Amendment that the state
shouldn't be picking and choosing between religions?” Justice Neil
Gorsuch said.
The dispute is one of three cases involving religion under consideration
this term by the justices who have issued a string of decisions siding
with churches and religious plaintiffs. The others involve religious
objections to books read in public schools and public funding for
religious schools.
The charities don't qualify for the tax exemption because the day-to-day
services it provides don't involve religious teachings, Colin Roth, an
attorney for Wisconsin, argued. Catholic Charities has paid the tax for
over 50 years, and if the court finds it can claim the exemption that
could open the door to big employers like religiously-affiliated
hospitals pulling out of the state unemployment system as well, he said.
While Roth faced a grilling from both liberal and conservative justices,
some like Amy Coney Barrett also raised questions about how far such
exemptions would go. “One of the problems here is figuring out what the
line is,” she said.
The Trump administration weighed in to support the charity, urging the
court to toss out a Wisconsin Supreme Court ruling siding with the
state. The state high court misinterpreted a federal law when it found
that both the motivations and the work itself has to be religious for
organizations to avoid paying the tax, Deputy Solicitor General Curtis
Gannon said.
“I do think that the Wisconsin Supreme Court deserves to know that it
was incorrect,” he said.
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The U.S. Supreme Court is seen near sunset in Washington, Oct. 18,
2018. (AP Photo/Manuel Balce Ceneta, File)
The arguments coincidentally come the day before a closely watched
Wisconsin Supreme Court election that’s drawn the involvement of
billionaire Trump adviser Elon Musk.
Catholic Charites argues the state supreme court decision violates
religious freedoms protected by the First Amendment by making
determinations about what work qualifies as religious.
Liberal Justice Elena Kagan was among those questioning Wisconsin's
contention that one way organizations can get the exemption is by
actively proselytizing. Some faiths, she pointed out, purposely
avoid attempting to convert people. “I thought it was pretty
fundamental that we don’t treat some religions better than other
religions,” she said.
Wisconsin exempts church-controlled organizations from unemployment
tax if they are operated primarily for religious purposes. The
Catholic Charities Bureau, though, has paid the tax since 1972. Much
of the groups’ funding is from public money, and neither employees
or people receiving services have to subscribe to any faith,
according to court papers from the state.
If the Supreme Court sides with the charity, employees would be
covered by the faith's unemployment system, an option it argues is
better than the state's system. The state says the costs are about
the same, but the state offers more due process for employees who
feel claims were wrongly denied.
A decision is expected by late June.
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