Despite losing 9-0 at SCOTUS, Wisconsin still won’t take the L. State officials are defying the Court’s unanimous ruling in Catholic Charities Bureau and continuing to fight my clients in court. @becketfund just asked the Wisconsin Supreme Court to put a stop to it.
In June, all nine SCOTUS Justices rejected Wisconsin’s argument that Catholic Charities’ care for the poor and needy wasn’t religious enough to qualify for a religious exemption. becketnewsite.s3.amazonaws.com/20250605101444…
Justice Sotomayor explained that Wisconsin had violated federal law by “impos[ing] a denominational preference by differentiating between religions based on theological lines.” The Court further recognized that “whether to express and inculcate religious doctrine through worship, proselytization, or religious education when performing charitable work are, again, fundamentally theological choices driven by the content of different religious doctrines.”
Rather than following the Supreme Court’s ruling, Wisconsin officials are now trying to avoid it by attacking the religious exemption itself. The attorney general recently asked the state’s high court to consider axing the exemption entirely—undermining a key protection relied on by faith-based organizations across Wisconsin.
The Wisconsin Supreme Court then ordered additional briefing on the question. Becket is asking the court to stop this maneuver in its tracks. becketnewsite.s3.amazonaws.com/20251021093356…
If the state succeeds, it would harm not only Catholic Charities but also countless churches, synagogues, mosques, and other ministries that depend on the same exemption.
Rather than accepting defeat, the state is now trying to punish all religious groups in Wisconsin, not just Catholic Charities. Doubling down on excluding religious people makes a mockery of both our legal system and religious freedom.
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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 needy 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 “corporal works of mercy” —which include feeding the hungry and sheltering the homeless.
Under Wisconsin law, non-profits that are operated primarily for a religious purpose are generally exempt from the state’s unemployment compensation program. But the Wisconsin Supreme Court ruled that Catholic Charities was not exempt because it serves everyone, not just Catholics. becketfund.org/case/catholic-…
I highly recommend Nathan and Avi's entertaining and illuminating discussion (and our amicus brief!). A few quick additional thoughts of my own on the OA:
Today’s ruling tells the state that they cannot exclude religious institutions from public benefits because they are religious. @BECKETlaw filed a friend-of-the-court brief in the case making exactly that argument: becketnewsite.s3.amazonaws.com/Becket-Carson-…
Over the coming months, much will be said about the effects of this ruling on the role of religious schools in American society. But here are a few quick observations on the opinion today:
First, this is the latest in a series of big wins at #SCOTUS for religious schools, including the Court’s decisions in @BECKETlaw cases Hosanna-Tabor and Our Lady of Guadalupe. becketlaw.org/case/our-lady-…
Good news from #SCOTUS today on religious freedom for employees who seek to follow their faith.
Today in @BECKETlaw’s Hedican v. Walmart case, #SCOTUS sent the case back to the Seventh Circuit for another look after its recent decision in Cameron v. EMW Women’s Surgical Center: supremecourt.gov/orders/courtor…
@Walmart terminated Hedican’s manager position at a Wisconsin store because he could not work on Saturdays, the Sabbath for Seventh-day Adventists. Walmart did so even though swapping shifts was an easy solution that ensured everyone’s needs were met. becketlaw.org/case/hedican-v…
BREAKING: #SCOTUS rules California must immediately allow houses of worship to reopen at 25% of occupancy, ending California's ban on indoor worship, which had been the only one in the country. Will add to this thread shortly. supremecourt.gov/opinions/20pdf…
Court rules 6-3 that California must end the worship ban in Tier 1 counties, also known as the “purple tier”, currently 54 out of 58 counties. California can however limit houses of worship to 25% of normal occupancy in Tier 1.
Justices Thomas and Gorsuch would have granted the applications in full, which would effectively mean an end to all COVID-related restrictions on worship.
The issue of clergy in the death chamber may be headed back to #SCOTUS next week. Alabama is set to execute a Christian prisoner on Feb. 11 but is refusing to allow his pastor to accompany him to the death chamber.
Last week an Alabama federal court denied the prisoner's request for clergy access, and the prisoner has now made an emergency appeal to the 11th Circuit. s3.amazonaws.com/becketnewsite/…
Regardless of who wins at the 11th Circuit, it seems likely that there will then be an emergency appeal to #SCOTUS. Of course death penalty-related appeals can evaporate quickly for other reasons so there is no guarantee this case will in fact reach #SCOTUS.