Becket: Catholic Charities asks Supreme Court to protect its right to serve the needy
Contact: media@becketlaw.org
WASHINGTON – Catholic Charities of the Diocese of Superior asked the Supreme Court today to overturn a decision of the Wisconsin Supreme Court and recognize 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 4-3 earlier this year that Catholic Charities’ service to the poor and needy did not count as “typical” religious activities. This means that Catholic Charities is prevented from leaving the state’s unemployment compensation program and joining the Wisconsin Catholic Church’s better program. With Becket’s help, Catholic Charities is asking the Court 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 requirement to serve everyone in need comes directly from Catholic social teaching and advances the Church’s religious mission by carrying out the corporal works of mercy.
“Catholic Charities Bureau carries out our Diocese’s essential ministry of caring for the most vulnerable members of our society,” said Bishop James Powers, Bishop of the Diocese of Superior. “We pray the Court will recognize that this work of improving the human condition is rooted in Christ’s call to care for those in need.”
Under Wisconsin law, non-profits that are operated 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 only if it limited its hiring to Catholics and tried to convert those it served—even though the Catholic Church forbids Catholics from conditioning assistance on acceptance of the Church’s teachings. Catholic Charities is now asking the Justices to take this case and ensure it can receive a religious exemption from the state law like all other churches in Wisconsin.
“It shouldn’t take a theologian to understand that serving the poor is a religious duty for Catholics,” said Eric Rassbach, vice president and senior counsel at Becket. “But the Wisconsin Supreme Court embraced the absurd conclusion that Catholic Charities has no religious purpose. We’re asking the Supreme Court to step in and fix that mistake.”
Catholic Charities Bureau is also represented by Kyle H. Torvinen of Torvinen, Jones & Saunders, S.C., in Superior, Wisconsin.
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