Supreme Court to hear dispute over Catholic group, Wisconsin tax exemption

The Supreme Court agreed Friday to take up a Catholic charitable group’s quest to qualify for Wisconsin’s religious exemption from the state’s unemployment tax system.

Wisconsin exempts employers “operated primarily for religious purposes” but contests that Catholic Charities Bureau meets the criteria, noting the organization employs non-Catholics, does not attempt to imbue participants with the Catholic faith and its services to the poor could also be provided by secular organizations.

In a brief order, the Supreme Court agreed to hear the charity’s appeal that the denial violates the First Amendment’s religious protections.

“Put another way, it doesn’t matter if Catholic Charities gives a cup of water in Jesus’ name, because non-religious charities offer cups of water too,” the group wrote in its petition. “That absurd result deepens a split between state courts that require religious entities to conform to stereotypes to qualify for the ‘religious purposes’ exemption and those that do not.”

Catholic Charities Bureau, the charitable arm of the Diocese of Superior, is represented by the Becket Fund for Religious Liberty. The nonprofit regularly brings religion cases before the high court and has won eight cases since 2012.

Wisconsin urged the justices to let stand a ruling from the state’s top court upholding the exemption denial, pushing back on the charity’s assertion that the decision deepened a split among courts nationwide on how to assess whether a group has a religious purpose.

“All courts look to some degree at the operations of the group seeking an exemption; none simply grant the exemption solely based on the group’s assertion that its activities are religiously motivated,” the state wrote in court filings.

The case is set to be heard this term, with oral arguments likely to be held this spring and a decision by summer.

“Catholic Charities Bureau is on the front lines bringing love, healing, and hope to the most vulnerable members of our community. We pray the Court recognizes that this work of improving the human condition is our answer to Christ’s call to serve those in need,” James Powers, bishop of the Diocese of Superior, said in a statement.

The court also announced Friday it would take up the energy industry's bid to revive a lawsuit against California’s car emission rule.

The justices will continue taking up cases for their current term through mid-January.

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