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CATHOLIC CHARITIES
BUREAU, INC., ET AL., v. WISCONSIN LABOR
& INDUSTRY REVIEW
COMMISSION [June 5, 2025] JUSTICE SOTOMAYOR delivered the
opinion of the Court. Wisconsin, like many other States,
exempts certain religious
organizations from paying taxes into the State’s
unemployment compensation
system. One such exemption covers nonprofits “operated
primarily for religious
purposes” and controlled, supervised, or principally
supported by a church.
Petitioners, Catholic Charities Bureau, Inc., and four
of the entities that it
operates, claimed that they qualify for the exemption as
religious
organizations controlled by the Roman Catholic Diocese
of Superior, Wisconsin.
The Wisconsin Supreme Court disagreed, holding that
petitioners are not
“operated primarily for religious purposes” because they
neither engage in
proselytization nor serve only Catholics in their
charitable work. The question here is whether
§108.02(15)(h)(2), as applied
to petitioners by the Wisconsin Supreme Court, violates
the First Amendment.
The Court holds that it does. The First Amendment mandates
government neutrality between
religions and subjects any state-sponsored
denominational preference to strict
scrutiny. The Wisconsin Supreme Court’s application of
§108.02(15)(h)(2)
imposed a denominational preference by differentiating
between religions based
on theological lines. Because the law’s application does
not survive strict
scrutiny, it cannot stand. …. II “The clearest command of the
Establishment Clause” is that
the government may not “officially prefer” one religious
denomination over
another. This principle of denominational neutrality
bars States from passing
laws that “‘aid or oppose’” particular religions, or
interfere in the
“competition between sects.” The Establishment Clause’s
“prohibition of
denominational preferences is inextricably connected
with the continuing
vitality of the Free Exercise Clause,” too. That is
because the “‘fullest
realization of true religious liberty requires that
government’” refrain from
“‘favoritism among sects.’” Government actions that
favor certain religions,
the Court has warned, convey to members of other faiths
that “‘they are
outsiders, not full members of the political
community.’” To guard against that
serious harm, this Court in Larson v. Valente, 456 U. S.
228, set a demanding
standard for the government to justify differential
treatment across religions
on denominational lines. When a state law establishes a
denominational
preference, courts must “treat the law as suspect” and
apply “strict scrutiny
in adjudging its constitutionality.” The
government bears the burden to show that the relevant
law, or application
thereof, is “closely fitted to further a compelling
governmental interest.” A law that differentiates between
religions along
theological lines is textbook denominational
discrimination. Take, for
instance, a law that treats “a religious service of
Jehovah’s Witnesses . . .
differently than a religious service of other sects”
because the former is
“less ritualistic, more unorthodox, [and] less formal.”
Or consider an
exemption that applies only to religious organizations
that perform baptisms,
engage in monotheistic worship, or hold services on
Sunday. Such laws establish
a preference for certain religions based on the content
of their religious
doctrine, namely, how they worship, hold services, or
initiate members and
whether they engage in those practices at all. Such
official differentiation on
theological lines is fundamentally foreign to our
constitutional order, for
“[t]he law knows no heresy, and is committed to the
support of no dogma.” This case involves that paradigmatic
form of denominational
discrimination. In determining whether petitioners
qualified for the tax
exemption under §108.02(15)(h)(2), the Wisconsin Supreme
Court acknowledged
that petitioners are controlled by a church, the Roman
Catholic Diocese of
Superior, thereby satisfying one of the exemption’s two
criteria. The court’s
inquiry instead turned on whether petitioners are
“operated primarily for
religious purposes.” On that criterion, the court
recognized that petitioners’
charitable works are religiously motivated. N. W. 3d, at
682. The court
nevertheless deemed petitioners ineligible for the
exemption under
§108.02(15)(h)(2) because they do not “attempt to imbue
program participants
with the Catholic faith,” “supply any religious
materials to program
participants or employees,” or limit their charitable
services to members of
the Catholic Church. Put simply, petitioners could
qualify for the exemption
while providing their current charitable services if
they engaged in proselytization
or limited their services to fellow Catholics. Petitioners’ Catholic faith, however,
bars them from
satisfying those criteria. Catholic teaching,
petitioners say, forbids
“‘misusing works of charity for purposes of
proselytism.’” It also requires
provision of charitable services “without making
distinctions ‘by race, sex, or
religion.’” Wisconsin’s exemption, as interpreted by its
Supreme Court, thus
grants a denominational preference by explicitly
differentiating between
religions based on theological practices. Indeed,
petitioners’ eligibility for
the exemption ultimately turns on inherently religious
choices (namely, whether
to proselytize or serve only co-religionists), not
“‘secular criteria’” that
“happen to have a ‘disparate impact’ upon different
religious organizations.”
Much like a law exempting only those religious
organizations that perform
baptisms or worship on Sundays, an exemption that
requires proselytization or
exclusive service of co-religionists establishes a
preference for certain
religions based on the commands of their religious
doctrine. In short, as applied to petitioners
by the Wisconsin Supreme
Court, imposes a denominational preference by
differentiating between religions
based on theological choices. …. III Because §108.02(15)(h)(2) “grants
denominational preferences
of the sort consistently and firmly deprecated in our
precedents,” it “must be
invalidated unless it is justified by a compelling
governmental interest” and
is “closely fitted to further that interest.” The State
bears the burden of
clearing that high bar, and it has failed to do so
here….. |