Catholic Charities of the Diocese of Superior in Wisconsin has asked the U. S. Supreme Court to overturn a Wisconsin Supreme Court ruling that Catholic Charities is not exempt from the state’s unemployment compensation program. Catholic Charities wants to join the Wisconsin Catholic Church’s unemployment compensation program, which they regard as a superior program (pun intended). Because of the Wisconsin court’s ruling, Catholic Charities will be required to join the state’s program.

In Catholic Charities Bureau v. Wisconsin Labor & Industrial Review Commission, the Wisconsin Supreme Court ruled in a 4-3 decision that Catholic Charities’ services to those in need do not constitute “typical” religious work. Why? Because Catholic Charities serves everyone, regardless of religious faith. The Wisconsin Supreme Court ruled that, if Catholic Charities wants to be considered a religious ministry, then they have to employ only Catholics, limit their services to Catholics, or attempt to convert to Catholicism those they serve who are not Catholic. Because they employ non-Catholics, and because they don’t limit their services to Catholics or try to convert the non-Catholics they serve, in the eyes of the Wisconsin Supreme Court, Catholic Charities is not a religious ministry and, therefore, not exempt from joining the state’s unemployment compensation program.

Bishop James Powers of the Diocese of Superior commented on the ruling: “Catholic Charities Bureau carries out our Diocese’s essential ministry of caring for the most vulnerable members of our society. We pray the Court will recognize that this work of improving the human condition is rooted in Christ’s call to care for those in need.” 

The Catholic Church is well known for not limiting services to Catholics alone. Social workers and even homeless on the streets have told me that, if they need help, they go to the Catholic Church because the Church helps everybody. Now, the state of Wisconsin has ruled that this centuries-old teaching and practice means that the Catholic Church’s ministries to the poor are not ministries at all.

I have to wonder what is at the root of this ruling. I recall a conversation I had with a social worker in Memphis years ago who lamented that she had a difficult time receiving services for clients from many churches. “We help our own,” is what one minister told her. But the Catholic Church, she said, helps everyone, which is why she so often turned to Catholic agencies for assistance for her clients. Is Wisconsin’s ruling rooted in a non-Catholic attitude toward religious service? It seems the practice of some other religious traditions, even Christian traditions, is to limit their services to members of their tradition, or even to their own congregation. Perhaps the Wisconsin Supreme Court is made up of people who are not familiar with the Church’s teaching and practice that all are to be served regardless of any affiliation with a particular religious tradition or congregation. Or, the cynical side of me says, perhaps this is another example of the State attempting to subvert the Church, by limiting her services. Wisconsin law generally exempts religious organizations and ministries from the obligation to participate in the state’s unemployment compensation program. But if the state gets to define your ministry as one not motivated by religious principles, then they get to force you to participate. The temptation would be to limit one’s services according to the ruling of the state. But Catholic Charities can’t do that because the obligations the state of Wisconsin wants to impose on Catholic Charities in order to be exempt are contrary to Catholic teaching and practice. So, the State is once again attempting to force the Church to act in ways contrary to her teachings.

It ought to go without saying that, according to the definition of religious ministry set by the Wisconsin Supreme Court, the ministries of Jesus and His apostles to the poor, the sick, the blind, the hungry, etc. were not motivated by religious principles. Really? Really, Wisconsin?

Eric Rassbach is vice president and senior counsel at Becket law firm, which is representing the Diocese of Superior in this matter. “It shouldn’t take a theologian,” Rassbach said, “to understand that serving the poor is a religious duty for Catholics. But the Wisconsin Supreme Court embraced the absurd conclusion that Catholic Charities has no religious purpose. We’re asking the Supreme Court to step in and fix that mistake.”

Let’s hope and pray that the U. S. Supreme Court agrees to hear this case and does fix this mistake.

Be Christ for all. Bring Christ to all. See Christ in all.