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Supreme Court to hear Catholic Charities case on whether serving the poor is religious act

Catholic Charities of the Diocese of Superior, which has programs for the disabled, elderly, and impoverished, argued caring for those in need is part of its religious mission./ Credit: Catholic Charities Bureau

The U.S. Supreme Court on Friday agreed to hear a case brought by Catholic Charities of the Diocese of Superior in Wisconsin after the Wisconsin Supreme Court in March ruled the agency ineligible for a religious tax exemption because Catholic Charities’ service to the poor and those in need was not “typical” religious activity. 

The Catholic Charities agency, which operates under the purview of the Diocese of Superior and has programs for the disabled, elderly, and impoverished, has argued that caring for those in need is part of its religious mission as a Catholic organization.

The Wisconsin Supreme Court had in March, however, ruled 4-3 that Catholic Charities’ activities are not “typical” religious activities because Catholic Charities serves and employs non-Catholics, does not “attempt to imbue program participants with the Catholic faith,” and that its services to the poor and those in need could also be provided by secular organizations. 

As a result of the ruling, Catholic Charities remains mandated to pay into Wisconsin’s unemployment system, which it has paid into ever since Wisconsin’s tax exemption for organizations “operated primarily for religious purposes” was introduced in 1972.

In August, Catholic Charities of the Diocese of Superior appealed the Wisconsin ruling to the U.S. Supreme Court. The high court will now decide whether a state violates the First Amendment’s religion clauses by denying a religious organization an otherwise available tax exemption because the organization does not meet the state’s criteria for religious behavior. 

An amicus brief filed by the Wisconsin Catholic Conference (WCC) explained that the Church views service to the poor as a religious activity because it is a core tenet of the faith and a command from Christ, distinguishing this command from simple philanthropy and explaining that Christian charity is about “looking at others through the very eyes of Jesus” and “seeing Jesus in the face of the poor.” 

The Catholic Church sees this duty as “inherently religious” because it expresses love for Christ, each other, and those they help, the WCC said. Quoting Pope Benedict XVI in Deus Caritas Est, the WCC stated that the Church “cannot neglect the service of charity any more than she can neglect the sacraments and the Word.”

“Catholic Charities Bureau is on the front lines bringing love, healing, and hope to the most vulnerable members of our community,” said Bishop James Powers, bishop of the Diocese of Superior, in a Friday statement. 

“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.”

Becket, the public-interest law firm representing the Catholic Charities agency, said the state of Wisconsin is “trying to make sure no good deed goes unpunished.”

“Penalizing Catholic Charities for serving Catholics and non-Catholics alike is ridiculous and wrong,” said Eric Rassbach, vice president and senior counsel at Becket. 

“We are confident the Supreme Court will reject the Wisconsin Supreme Court’s absurd ruling.” 

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