SCOTUS Appears to Side With Catholic Charities Bureau

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, the AP reports. "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.

Wisconsin exempts church-controlled organizations from unemployment tax if they are operated primarily for religious purposes. The charities don't qualify for the tax exemption because the day-to-day services provided 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. Catholic Charities 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. A decision is expected by late June. (More Supreme Court stories.)