Press Release

Department of Justice, 19 states, prominent legal scholars & diverse faith groups back Catholic Charities at Supreme Court Diverse coalition representing over 90 million Americans asks Court to confirm ministry to the needy is religious

Media Contact

Ryan Colby 202-349-7219 [email protected]

Additional Information

WASHINGTON – The U.S. Department of Justice, 19 states, prominent legal scholars, and diverse faith groups representing over 90 million Americans yesterday submitted friend-of-the-court briefs asking the Supreme Court to confirm that Catholic Charities Bureau of the Diocese of Superior’s care for the poor, the elderly, and the disabled are at the very center of its religious mission. In Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission, the Supreme Court agreed to review a Wisconsin Supreme Court ruling that treated Catholic Charities’ ministry to the poor and needy as “primarily secular.” This decision 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. Represented by Becket, Catholic Charities is asking the Court to reject Wisconsin’s attempt to cut off Catholic Charities and its religious ministry from the rest of the Catholic Church in Wisconsin. Twenty-two friend-of-the-court briefs were filed in support of Catholic Charities. 

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”—physical acts like feeding the hungry and sheltering the homeless. The Wisconsin Supreme Court, however, ruled that Catholic Charities could not receive a religious exemption from a state law 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—even though the Catholic Church teaches that care for the poor cannot be conditioned on acceptance of the Church’s teachings. The Justices will soon decide if Catholic Charities, like numerous other religious ministries in Wisconsin, can receive a religious exemption from the state law.  

Highlights from yesterday’s filings include: 

 

  • The U.S. Department of Justice rejected the Wisconsin Supreme Court’s interpretation of the law and agreed with Catholic Charities that the state’s approach violates the U.S. Constitution. 
  • 19 States, led by Ohio, highlighted how the Wisconsin Supreme Court’s ruling is inconsistent with the original understanding of the First Amendment and with centuries of religious practices and teachings on the significance of charity across faith traditions.
  • Religious liberty law scholars, including Michael McConnell and Douglas Laycock, explained how the Wisconsin Supreme Court transgressed both Religion Clauses by considering what activities are “typically” or “primarily” religious. 
  • Prominent religious groups, including the U.S. Catholic Conference of Bishops, the Church of Jesus Christ of Latter-day Saints, and the General Conference of the Seventh-day Adventist Church, explained that different faiths set up charities consistent with their beliefs, and courts shouldn’t second-guess those choices.

“This outpouring of support shows just how ludicrous Wisconsin’s position is,” said Eric Rassbach, vice president and senior counsel at Becket. “As these vast swathes of society attest, courts should not be in the business of telling churches how to church. We’re confident the Court will confirm that commonsense principle.” 

Catholic Charities Bureau is also represented by Kyle H. Torvinen of Torvinen, Jones & Saunders, S.C., in Superior, Wisconsin. The case will likely be argued in March or April and decided by the end of June.  

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