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Yahoo
07-06-2025
- Politics
- Yahoo
Religion cases spark both unanimity and division at Supreme Court
Religious rights are sparking both unanimity and deep divisions on the Supreme Court this term, with one major decision still to come. On Thursday, all nine justices sided with Catholic Charities Bureau in its tax fight with Wisconsin. But weeks earlier, the court's 4-4 deadlock handed those same religious interests a loss by refusing to greenlight the nation's first religious charter school. Now, advocates are turning their attention to the other major religion case still pending this term, which concerns whether parents have the First Amendment right to opt-out their children from instruction including books with LGBTQ themes. 'The court has been using its Religion Clause cases over the past few years to send the message that everything doesn't have to be quite so polarized and quite so everybody at each other's throats,' said Mark Rienzi, the president and CEO of Becket, a religious legal group that represents both the parents and Catholic Charities. The trio of cases reflect a new burst of activity on the Supreme Court's religion docket, a major legacy of Chief Justice John Roberts' tenure. Research by Lee Epstein, a professor at Washington University in St. Louis, found the Roberts Court has ruled in favor of religious organizations over 83 percent of the time, a significant jump from previous eras. The decisions have oftentimes protected Christian traditions, a development that critics view as a rightward shift away from a focus on protecting non-mainstream religions. But on Thursday, the court emerged unanimous. The nine justices all agreed that Wisconsin violated the First Amendment in denying Catholic Charities a religious exemption from paying state unemployment taxes. Wisconsin's top court denied the exemption by finding the charity wasn't primarily religious, saying it could only qualify if it was trying to proselytize people. Catholic Charities stressed that the Catholic faith forbids misusing works of charity for proselytism. Justice Sonia Sotomayor authored Thursday's majority opinion finding Wisconsin unconstitutionally established a government preference for some religious denominations over others. 'There may be hard calls to make in policing that rule, but this is not one,' Sotomayor wrote. The fact that Sotomayor, one of the court's three Democratic-appointed justices, wrote the opinion heightened the sense of unity. 'She's voted with us in several other cases, too, and I think it just shows that it is not the partisan issue that people sometimes try to make it out to be,' said Rienzi. However, Sotomayor's opinion notably did not address Catholic Charities' other arguments, including those related to church autonomy that Justice Clarence Thomas, one the court's leading conservatives, endorsed in a solo, separate opinion. Ryan Gardner, senior counsel at First Liberty Institute, which filed a brief backing Catholic Charities, similarly called the unanimity an 'encouraging' sign. 'If they can find a way to do that, they want to do that. And that's why I think you have the opinion written the way that it was. It was written that way so that every justice could feel comfortable signing off on it,' said Gardner. Supporters and critics of the court's decision agree it still poses repercussions on cases well beyond the tax context — and even into the culture wars. Perhaps most immediately, the battle at the Supreme Court will shift from unemployment taxes to abortion. The justices have a pending request from religious groups, also represented by Becket, to review New York's mandate that employers' health care plans cover abortions. The regulation exempts religious organizations only if they inculcate religious values, meaning many faith-based charities must still follow the mandate. And for the First Liberty Institute, it believes Thursday's decision bolsters its legal fights in the lower courts. It represents an Ohio church that serves the homeless and an Arizona church that provides food distribution, both embroiled in legal battles with local municipalities that implicate whether the ministries are religious enough. Thursday's decision is not the first time the Supreme Court has unanimously handed a win to religious rights advocates. In 2023, the First Liberty Institute successfully represented a Christian U.S. Postal Service worker who requested a religious accommodation to not work on Sundays. And two years earlier, the court in a unanimous judgment ruled Philadelphia violated the Free Exercise Clause by refusing to refer children to a Catholic adoption agency because it would not certify same-sex couples to be foster parents. 'People thought that was a very narrow decision at the time, but the way it has sort of been applied since then, it has really reshaped a lot of the way that we think about Free Exercise cases,' said Gardner. It's not always kumbaya, however. Last month, the Supreme Court split evenly on a highly anticipated religious case that concerned whether Oklahoma could establish the nation's first publicly funded religious charter school. The 4-4 deadlock meant the effort fizzled. Released just three weeks after the justices' initial vote behind closed doors, the decision spanned one sentence. 'The judgment is affirmed by an equally divided Court,' it reads. Though the deadlock means supporters of St. Isidore of Seville Catholic Virtual School are left without a green light, they are hoping they will prevail soon enough. Justice Amy Coney Barrett, President Trump's third appointee to the court, recused from the St. Isidore case, which many court watchers believe stemmed from her friendship with a professor at Notre Dame, whose religious liberty clinic represented St. Isidore. But Barrett could participate in a future case — providing the crucial fifth vote — that presents the same legal question, which poses consequential implications for public education. Meanwhile, the Supreme Court still has one major religion case left this term. The justices are reviewing whether Montgomery County, Md., must provide parents an option to opt-out their elementary-aged children from instruction with books that include LGBTQ themes. The group of Muslim, Roman Catholic and Ukrainian Orthodox parents suing say it substantially burdens their First Amendment rights under the Free Exercise Clause. At oral arguments, the conservative majority appeared sympathetic with the parent's plea as the court's three liberal justices raised concerns about where to draw the line. 'Probably, it will be a split decision,' said Gardner, whose group has filed a similar lawsuit on behalf of parents in California. But he cautioned, 'you never know where some of the justices will line up.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
07-06-2025
- Politics
- The Hill
Religion cases spark both unanimity and division at Supreme Court
Religious rights are sparking both unanimity and deep divisions on the Supreme Court this term, with one major decision still to come. On Thursday, all nine justices sided with Catholic Charities Bureau in its tax fight with Wisconsin. But weeks earlier, the court's 4-4 deadlock handed those same religious interests a loss by refusing to greenlight the nation's first religious charter school. Now, advocates are turning their attention to the other major religion case still pending this term, which concerns whether parents have the First Amendment right to opt-out their children from instruction including books with LGBTQ themes. 'The court has been using its Religion Clause cases over the past few years to send the message that everything doesn't have to be quite so polarized and quite so everybody at each other's throats,' said Mark Rienzi, the president and CEO of Becket, a religious legal group that represents both the parents and Catholic Charities. The trio of cases reflect a new burst of activity on the Supreme Court's religion docket, a major legacy of Chief Justice John Roberts' tenure. Research by Lee Epstein, a professor at Washington University in St. Louis, found the Roberts Court has ruled in favor of religious organizations over 83 percent of the time, a significant jump from previous eras. The decisions have oftentimes protected Christian traditions, a development that critics view as a rightward shift away from a focus on protecting non-mainstream religions. But on Thursday, the court emerged unanimous. The nine justices all agreed that Wisconsin violated the First Amendment in denying Catholic Charities a religious exemption from paying state unemployment taxes. Wisconsin's top court denied the exemption by finding the charity wasn't primarily religious, saying it could only qualify if it was trying to proselytize people. Catholic Charities stressed that the Catholic faith forbids misusing works of charity for proselytism. Justice Sonia Sotomayor authored Thursday's majority opinion finding Wisconsin unconstitutionally established a government preference for some religious denominations over others. 'There may be hard calls to make in policing that rule, but this is not one,' Sotomayor wrote. The fact that Sotomayor, one of the court's three Democratic-appointed justices, wrote the opinion heightened the sense of unity. 'She's voted with us in several other cases, too, and I think it just shows that it is not the partisan issue that people sometimes try to make it out to be,' said Rienzi. However, Sotomayor's opinion notably did not address Catholic Charities' other arguments, including those related to church autonomy that Justice Clarence Thomas, one the court's leading conservatives, endorsed in a solo, separate opinion. Ryan Gardner, senior counsel at First Liberty Institute, which filed a brief backing Catholic Charities, similarly called the unanimity an 'encouraging' sign. 'If they can find a way to do that, they want to do that. And that's why I think you have the opinion written the way that it was. It was written that way so that every justice could feel comfortable signing off on it,' said Gardner. Supporters and critics of the court's decision agree it still poses repercussions on cases well beyond the tax context — and even into the culture wars. Perhaps most immediately, the battle at the Supreme Court will shift from unemployment taxes to abortion. The justices have a pending request from religious groups, also represented by Becket, to review New York's mandate that employers' health care plans cover abortions. The regulation exempts religious organizations only if they inculcate religious values, meaning many faith-based charities must still follow the mandate. And for the First Liberty Institute, it believes Thursday's decision bolsters its legal fights in the lower courts. It represents an Ohio church that serves the homeless and an Arizona church that provides food distribution, both embroiled in legal battles with local municipalities that implicate whether the ministries are religious enough. Thursday's decision is not the first time the Supreme Court has unanimously handed a win to religious rights advocates. In 2023, the First Liberty Institute successfully represented a Christian U.S. Postal Service worker who requested a religious accommodation to not work on Sundays. And two years earlier, the court in a unanimous judgment ruled Philadelphia violated the Free Exercise Clause by refusing to refer children to a Catholic adoption agency because it would not certify same-sex couples to be foster parents. 'People thought that was a very narrow decision at the time, but the way it has sort of been applied since then, it has really reshaped a lot of the way that we think about Free Exercise cases,' said Gardner. It's not always kumbaya, however. Last month, the Supreme Court split evenly on a highly anticipated religious case that concerned whether Oklahoma could establish the nation's first publicly funded religious charter school. The 4-4 deadlock meant the effort fizzled. Released just three weeks after the justices' initial vote behind closed doors, the decision spanned one sentence. 'The judgment is affirmed by an equally divided Court,' it reads. Though the deadlock means supporters of St. Isidore of Seville Catholic Virtual School are left without a green light, they are hoping they will prevail soon enough. Justice Amy Coney Barrett, President Trump's third appointee to the court, recused from the St. Isidore case, which many court watchers believe stemmed from her friendship with a professor at Notre Dame, whose religious liberty clinic represented St. Isidore. But Barrett could participate in a future case — providing the crucial fifth vote — that presents the same legal question, which poses consequential implications for public education. Meanwhile, the Supreme Court still has one major religion case left this term. The justices are reviewing whether Montgomery County, Md., must provide parents an option to opt-out their elementary-aged children from instruction with books that include LGBTQ themes. The group of Muslim, Roman Catholic and Ukrainian Orthodox parents suing say it substantially burdens their First Amendment rights under the Free Exercise Clause. At oral arguments, the conservative majority appeared sympathetic with the parent's plea as the court's three liberal justices raised concerns about where to draw the line. 'Probably, it will be a split decision,' said Gardner, whose group has filed a similar lawsuit on behalf of parents in California. But he cautioned, 'you never know where some of the justices will line up.'
Fox News
06-06-2025
- Politics
- Fox News
EXCLUSIVE: Legal institute celebrates SCOTUS decision, declares 'religious liberty is alive and well'
EXCLUSIVE: A legal organization whose mission it is to defend the religious liberty of Americans has called the Supreme Court's 9-0 ruling in favor of the Catholic Charities Bureau (CCB) "a huge moment for religious liberty in America," and a clear rejection of government overreach into religious life. "This was not a hard call," Tiffany Dunkin, a legal fellow and attorney with the First Liberty Institute, emphasized in an interview with Fox News Digital, citing Thursday's unanimous SCOTUS decision to strike down Wisconsin's attempt to withhold a religious tax exemption because the CCB does not proselytize or serve only Catholics. "What Wisconsin was doing… they were saying that the Catholic Charities was not a religious institution because they did not proselytize or serve people of their own faith," Dunkin explained. "What they were doing was deciding what it means to be religious," she added. "And the First Amendment prohibits the government from doing that." The case, Catholic Charities Bureau Inc. v. Wisconsin Labor and Industry Review Commission, questioned whether faith-based nonprofits that provide public services are "religious enough" to receive the same benefits as churches or houses of worship. Catholic Charities, affiliated with the Diocese of Superior, Wisconsin, provides critical care services for people with disabilities and mental health needs. Wisconsin argued those acts were not "primarily religious." The Supreme Court disagreed. Justice Sonia Sotomayor, writing the opinion for the court, stated clearly that the government has no authority to assess or rank the religious nature of charitable work. Dunkin said the consequences of the ruling go far beyond Wisconsin. "This is actually a pretty ongoing problem across the country," she noted. "It's not just Wisconsin. First Liberty Institute represents Dad's Place in Bryan, Ohio… they're saying that because you're running a 24-7 homeless shelter, you're not [religious]." Other clients of Plano, Texas-based First Liberty in Colorado and Arizona have faced similar arguments from local governments, which question whether providing food, clothing or shelter to those in need is inherently religious. "Even though there are churches doing this kind of work, the governments are saying, 'Well, you're not religious enough,'" Dunkin said. The court's language in the ruling, Dunkin pointed out, "affirms what the Supreme Court has said for nearly a century," that the government cannot choose which expressions of faith are valid. "This sends a great message to people of all religions and all charitable organizations," she said. "The government… cannot intrude into telling you exactly what you can and can't do, whether you're religious or not religious, in order to receive a government benefit or participate in society." Had SCOTUS ruled the other way, Dunkin warned, it would have "grave implications" for religious charities and ministries nationwide. "It would allow the government to step into the religious doctrine of all faiths more than our Founding Fathers ever intended," she said. "The government cannot step in and get involved in deciding and picking and choosing between one type of religious activity and another." When asked what this means for churches and ministries on the ground, Dunkin's answer was clear: "They should feel emboldened to continue to do what they feel called to do by their religious faith… especially in a charitable sense." And for those who may see this as a one-off legal win? Not so fast. "I see this really as two different things," she said. "One, an affirmance of what the First Amendment has always stood for… but of course, going forward, we do hope and we're encouraged that religious liberty in America is alive and well. And of course, First Liberty Institute is here to continue to fight for that."
Forbes
05-06-2025
- Politics
- Forbes
Supreme Court Sides With Catholic Group In Tax Exemption Dispute Over Non-Religious Activities
The Catholic Charities Bureau provides services to the poor, the disadvantaged, the disabled, the elderly and children with special needs. In a unanimous decision, the U.S. Supreme Court ruled that a Catholic organization qualifies for a tax exemption even though its operations were not primarily religious. The decision overturned a Wisconsin Supreme Court ruling. Under Wisconsin law, certain religious organizations may be exempt from paying taxes, including unemployment compensation taxes. This is similar to laws in other states that provide exemptions based on specific criteria. In other words, tax-exempt status for federal income tax purposes doesn't always translate to state income or other tax exemptions. In this case, Wisconsin law exempts any 'church or convention or association of churches' an services provided '[b]y a duly ordained, commissioned or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by such order.' The exemption also covers nonprofit organizations 'operated, supervised, controlled, or principally supported by a church or convention or association of churches,' but only if they are 'operated primarily for religious purposes.' Catholic Charities Bureau, Inc. (CCB) and four related organizations sought an exemption because they are separately incorporated from the Diocese, but claim federal tax-exempt status under the Roman Catholic Church's group tax exemption (this 'umbrella' treatment is common in the tax-exempt world). The Wisconsin Supreme Court denied the exemption, finding that CCB and the related organizations were not 'operated primarily for religious purposes because the charitable services went beyond theology. The U.S. Supreme Court disagreed, finding that drawing those lines violated the First Amendment. The Catholic Charities Bureau has, it says on its website, provided 'services to the poor, the disadvantaged, the disabled, the elderly and children with special needs as an expression of the social ministry of the Catholic Church in the Diocese of Superior' for more than 100 years. Today, CCB boasts more than 50 programs serving more than 10,500 people—services are not limited by race, color, national origin, or religion. That apparently innocuous distinction was one of the arguments used by the state against CCB. The organization's activities did not qualify as 'typical' religious activities because they serve and employ non-Catholics. The state also found that CCB does not 'attempt to imbue program participants with the Catholic faith,' and its services to the poor and needy could also be provided by secular (non-religious) organizations. Congress enacted the Federal Unemployment Tax Act (FUTA) in 1935 to provide benefits to unemployed workers. The FUTA tax rate is 6% on the first $7,000 paid to employees during the year and is paid by all employers unless they qualify for an exemption. Notably, FUTA exempts church-controlled religious organizations 'operated primarily for religious purposes' from paying unemployment tax, the result of an exemption granted by Congress in 1970. Since then, 47 states have adopted language that is identical to, or nearly identical to FUTA's language. FUTA tax may be offset by credits of up to 90% for state unemployment taxes paid—all states have complementary statutes that impose, at a minimum, the coverage mandated by federal law. This tax is only paid by employers, not employees. The tax funds unemployment programs. (CCB noted in its petition that employees have separate unemployment coverage. Wisconsin bishops previously created the Church Unemployment Pay Program (CUPP) 'to assist parishes, schools, and other church employers in meeting their social justice responsibilities by providing church funded unemployment coverage.') CCB applied for an exemption under state law. The Department of Workforce Development determined that CCB and its sub-entities were not primarily operated for religious purposes and denied the exemption. CCB appealed, and after a hearing, the administrative law judge reversed the decision. However, the Labor and Industry Review Commission reversed the reversal (stay with me), finding that the exemption turns on an organization's 'activities, not the religious motivation behind them or the organization's founding principles.' Since CCB provided secular (non-religious) services, the Commission concluded that they do not qualify for an exemption The matter went to court (outside of the administrative channels) and ended up in the Wisconsin Supreme Court, which held on March 14, 2024, that CCB's 'activities are primarily charitable and secular' and not religious, which means it would not qualify for the exemption. CCB filed a petition for writ of certiorari with the Supreme Court in May of 2024. Parties do that when seeking a review of the case—typically, it's in response to another court decision. In that petition, CCB noted that in the 1980s, the U.S. Supreme Court granted review in two cases (St. Martin Evangelical Lutheran Church v. South Dakota and California v. Grace Brethren Church) to determine whether the imposition of state unemployment taxes on certain religious organizations under the Federal Unemployment Tax Act (FUTA) and related state statutes violated the First Amendment. But, CCB argued, while those cases were resolved, the Court expressly declined to answer the First Amendment questions, resulting in a split among courts. If the Supreme Court decides to hear a matter, it's called a grant of certiorari—by practice, at least four justices must vote to hear the case to be granted cert. Usually, cert is granted in a case of considerable importance or one involving a split. A split happens when courts disagree on a matter of federal law, reaching different conclusions about its application—that's what CCB argued happened here. In its petition, the questions presented by CCB were: The state argued that no split of authority existed on the constitutional question and further contended that the Wisconsin Supreme Court decision does not directly conflict with the decisions of any federal circuit or state high court. The Supreme Court disagreed with the state, granting certiorari in December of 2024. The scope of the case was, however, limited to Question 1. (Does a state violate 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?) Dozens of amici curiae briefs were filed before the decision. When it comes to legal issues before the Supreme Court, those with an interest or expertise in the subject but who aren't a party to the litigation may also file briefs to explain their point of view. These briefs are called amicus briefs and are filed by a party known as an amicus curiae, which translates to "friend of the court.' The U.S. Supreme Court determined that the Wisconsin Supreme Court's interpretation of the statute violated the First Amendment by discriminating against religious organizations based on their methods of religious expression. Justice Sonia Sotomayor wrote for the Court, 'A law that differentiates between religions along theological lines is textbook denominational discrimination.' She went on to write that CCB would, under the state's interpretation, qualify for the exemption 'if they engaged in proselytization or limited their services to fellow Catholics.' However, CCB's Catholic faith, however, bars them from doing exactly that. That means, she explained, that eligibility for the exemption 'ultimately turns on inherently religious choices.' While the state argued that the exemption was intended to draw stark theological lines, Sotomayor went on to write that the exemption 'functions at an organizational level, covering both the janitor and the priest in equal measure.' The Court acknowledged the importance of the government maintaining 'neutrality between religion and religion.' But, Sotomayor wrote pointedly, 'There may be hard calls to make in policing that rule, but this is not one.' With that, the Wisconsin Supreme Court case was overturned. The news was welcome by the Diocese. 'At the heart of Catholic Charities' ministry is Christ's call to care for the least of our brothers and sisters, without condition and without exception,' said Bishop James Powers, Bishop of the Diocese of Superior. 'We're grateful the Court unanimously recognized that improving the human condition by serving the poor is part of our religious exercise and has allowed us to continue serving those in need throughout our diocese and beyond.' 'Wisconsin shouldn't have picked this fight in the first place,' said Eric Rassbach, vice president and senior counsel at Becket, who represented CCB. 'It was always absurd to claim that Catholic Charities wasn't religious because it helps everyone, no matter their religion. Today, the Court resoundingly reaffirmed a fundamental truth of our constitutional order: the First Amendment protects all religious beliefs, not just those the government favors.' The Wisconsin Labor & Industry Review Commission did not immediately respond to a request for comment. Justice Sotomayor delivered the unanimous opinion for the Court, while Justices Jackson and Thomas filed concurring opinions. The case is Catholic Charities Bureau, Inc., v. Wisconsin Labor & Industry Review Commission (No. 24–154).
Yahoo
05-06-2025
- Business
- Yahoo
Supreme Court rules that Catholic groups were unlawfully barred from a religious tax exemption
WASHINGTON — The Supreme Court on Thursday ruled in favor of Catholic Church-affiliated charitable groups, saying they were wrongly denied religious exemptions from a Wisconsin tax that funds unemployment benefits. The justices ruled unanimously that the state's decision unlawfully discriminated against the groups on the basis of religion under the free exercise clause of the Constitution's First Amendment. The court rejected a Wisconsin Supreme Court decision that said that the groups operating under the Catholic Charities Bureau of the Diocese of Superior were not sufficiently religious in purpose. The state already provided exemptions for religious institutions. The First Amendment has long been interpreted to exempt religious entities from taxation. Writing for the court, liberal Justice Sonia Sotomayor noted the importance of the government remaining neutral when it comes to different religions. "When the government distinguishes among religions based on theological differences in their provision of services, it imposes a denominational preference that must satisfy the highest level of judicial scrutiny," Sotomayor said. But Wisconsin had "transgressed that principle," she added. The groups involved in the case — Headwaters, Barron County Developmental Services, Diversified Services and Black River Industries — primarily serve developmentally disabled people. Their programs are open to non-Catholics. The Wisconsin Labor and Industry Review Commission had concluded the charitable groups were not 'operated primarily for religious purposes' under state law. The Wisconsin Supreme Court in 2024 upheld the state commission's finding, saying the groups' activities were mostly secular in nature and that they do not 'attempt to imbue program participants with the Catholic faith nor supply any religious materials.' The Wisconsin unemployment compensation system was set up in 1932 to provide a safety net for people who lose their jobs. Similar programs in other states and the Federal Unemployment Tax Act also include religious exemptions. The Catholic groups had strong backing at the Supreme Court from other Christian sects and different religious faiths. This article was originally published on
