At issue is whether the charity Catholic Charities is qualified to be exempt from state unemployment taxes as a religious institution.
The U.S. Supreme Court on Friday agreed to decide whether charities run by religious groups have to pay unemployment taxes that cover their employees.
Most, but not all, states generally exempt religious groups from having to pay into the state's unemployment tax system. Federal law does exempt religious schools from having to participate in the federal-state program. But the court has never ruled on the question of participation by charitable organizations run by religious groups. Now the court has agreed to tackle the question in a case brought by Catholic Charities against the state of Wisconsin.
In light of all that, Catholic Charities applied to the state for an exemption from paying unemployment taxes for its employees. But the state labor commission refused the application, on grounds that the charitable group was engaging in activities that"are not religious, per se," and thus are not entitled to be exempt from paying unemployment taxes.
In March, a closely divided state Supreme Court agreed, citing what it called objective criteria. The state court said that the charity's activities were mostly secular, noting that the organization does not"attempt to imbue program participants with the Catholic faith, nor supply any religious materials." The state court also observed that the charity"did not proselytize, did not conduct worship services, religious outreach, or religious education.
The court will hear arguments in the case after the first of the year, with a decision expected by late June.
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