Summary of facts: Catholic Charities Bureau (CCB) sought a religious exemption from the state’s unemployment compensation system so that it could join the Wisconsin Bishop’s unemployment compensation plan. Under Wisconsin law, any non-profit “operated primarily for religious purposes” qualifies for this exemption. But the state court of appeals in this case held that CCB did not qualify because its “activities” (serving the poor, etc.) were primarily charitable, not religious. CCB appealed to the Wisconsin Supreme Court. That court upheld the decision of the lower court, holding that CCB is not operated primarily for religious purposes. CCB is now asking the U.S. Supreme Court to review the case.

RFI’s position: By imposing the state’s view of what it means to be religious, based on organizational structure and the who and how of charitable service, the Commission and the appeals court are prescribing a single form of religious orthodoxy in the context of the state unemployment law. That violates the U.S. Constitution’s Establishment and Free Exercise Clauses, together with the well-recognized “church autonomy doctrine” that is grounded in both Clauses. The Wisconsin Supreme Court’s holding deepens a split between state courts and will have dangerous consequences for religious institutions of all faiths. The Supreme Court should grant review. 

Read the amicus brief here.