Catholic Charities defends mission to serve at Supreme Court Justices look poised to confirm that Catholic Charities’ care for the needy is religious

WASHINGTON – Members of Catholic Charities Bureau of the Diocese of Superior were at the Supreme Court today asking the Court to confirm that its care for the poor, the elderly, and the disabled is part of its religious mission. In Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission, the Wisconsin Supreme Court ruled last year that Catholic Charities’ ministry to the poor and needy was not “typical” religious activity. This meant that Catholic Charities could not join the Wisconsin Catholic Church’s unemployment compensation program but was stuck paying into the state’s less efficient and more costly plan (Watch this video to learn more). Represented by Becket, Catholic Charities asked the Justices to protect its freedom to join the Church program.  

Most Catholic dioceses have a social ministry arm that serves those in need. Catholic Charities carries out this important work for the Diocese of Superior, Wisconsin, by helping the disabled, elderly, and those living in poverty—regardless of their faith. This belief that ministry to those in need should not be limited to Catholics flows directly from Catholic social teaching and is embodied in the Church’s beliefs about the “corporal works of mercy”—like feeding the hungry and sheltering the homeless.   

“For over a century, Catholic Charities has been a Good Samaritan to the poor, elderly, and disabled throughout northern Wisconsin,” said Bishop James Powers, Bishop of the Diocese of Superior. “We pray the Court protects this vital work of improving the human condition, recognizing it as central to our duty as Catholics.”  

Under Wisconsin law, non-profits that are operated primarily for a religious purpose are generally exempt from the state’s unemployment compensation program. The Wisconsin Supreme Court, however, ruled that Catholic Charities was not exempt because it serves everyone, not just Catholics. The court said that Catholic Charities could qualify for an exemption if it limited its hiring to Catholics and tried to convert those it served to Catholicism—even though the Catholic Church teaches that care for the poor cannot be conditioned on acceptance of the Church’s teachings.   

“It doesn’t take a degree in theology to figure out that when Catholics help the needy it is an act of faith,” said Eric Rassbach, vice president and senior counsel at Becket. “Yet Wisconsin says Catholic Charities isn’t doing anything religious at all. That wrongly punishes both Catholic Charities and the poor, the elderly, and the disabled they serve. We hope the Court will reject Wisconsin’s backwards logic.” 

At oral argument, a majority of the Justices appeared to support Becket’s argument that the Wisconsin Supreme Court’s decision discriminated against Catholic Charities. As Justice Kagan put it: “I thought it was pretty fundamental that we don’t treat some religions better than other religions, and we certainly don’t do it based on the content of … religious doctrine.” 

A ruling is expected by the end of the Court’s term in June. Catholic Charities Bureau is also represented by Kyle H. Torvinen of Torvinen, Jones & Saunders, S.C., in Superior, Wisconsin.    

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.