Wisconsin’s Supreme Court Just Handed Catholic Charities a Major Win (and Dealt a Blow to AG Josh Kaul)

The Leftist Wisconsin Supreme just handed Catholic Charities a massive win, and dealt a blow to Wisconsin Attorney General Josh Kaul and his reelection campaign in the process.

In 2016, Catholic Charities applied for an exemption to Wisconsin’s state unemployment insurance tax (UIT). That tax is collected by employers in the state and put into a fund for workers to draw from if they lose a qualifying job. Wisconsin law exempts religious organizations from this tax, which means their employees would not qualify for state unemployment benefits if they were fired or laid off. The Wisconsin Department of Workforce Development (DWD) denied Catholic Charities’ request, saying the Catholic organization wasn’t “operated primarily for religious purposes.” Catholic Charities sued, and the Wisconsin Supreme Court sided with the DWD, adding that Catholic Charities doesn’t “proselytize and serve everyone.”

The Becket Fund filed an appeal on behalf of Catholic Charities, and the U.S. Supreme Court ruled 9-0 in favor of Catholic Charities.

But rather than allow Catholic Charities to also receive the exemption, AG Kaul went back to the state Supreme Court and asked them to remove the UIT exemption for all religious organizations.

Yesterday, the Wisconsin Supreme Court sided with Catholic Charities.

In a press release, the Becket Fund applauded this ruling, writing:

The Wisconsin Supreme Court today blocked the state’s recent effort to defy the U.S. Supreme Court’s unanimous ruling in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission. In June, all nine Justices rejected Wisconsin Attorney General Josh Kaul’s argument that Catholic Charities’ care for the poor and needy wasn’t religious enough to qualify for a religious exemption from the state’s unemployment tax law. (Watch this video to learn more). But instead of complying with that decision, state officials asked the state’s high court to eliminate the exemption entirely. In its ruling today, the Wisconsin Supreme Court denied this request and ruled that Catholic Charities is entitled to the exemption.

In the Supreme Court’s 9-0 ruling this past summer, Justice Sonia 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.”

“You’d think Wisconsin would take a 9-0 Supreme Court loss as a hint to stop digging,” said Eric Rassbach, vice president and senior counsel at Becket. “But apparently Attorney General Kaul and his staff are gluttons for punishment. Thankfully, the Wisconsin Supreme Court put an end to the state’s tomfoolery and confirmed that Catholic Charities is entitled to the exemption it already won.”

In its order, the Wisconsin Supreme Court said that Catholic Charities is “eligible for the religious purposes exemption.”

This is not just a win for Catholic Charities, but for all religious organizations in the state of Wisconsin.

Remember, Kaul wanted to remove the exemption for every religious organization, which would have deep and serious financial implications.

State and federal unemployment insurance taxes would cost a religious organization roughly $440 to $490 per employee, per year. Depending on the size of the organization and number of employees, that can mean a few thousand dollars more annually or tens of thousands of dollars more. When those organizations rely on thin budgets and donations to survive, it can mean financial strain and even closure.

And Kaul is running for reelection. Keep that in mind.

“That’s a pretty clear indiciation that its intent is to go after religion. Again, people, we have a First Amendment,” Taske wrote.

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The Leftist Wisconsin Supreme just handed Catholic Charities a massive win, and dealt a blow to Wisconsin Attorney General Josh Kaul and his reelection campaign in the process.

In 2016, Catholic Charities applied for an exemption to Wisconsin’s state unemployment insurance tax (UIT). That tax is collected by employers in the state and put into a fund for workers to draw from if they lose a qualifying job. Wisconsin law exempts religious organizations from this tax, which means their employees would not qualify for state unemployment benefits if they were fired or laid off. The Wisconsin Department of Workforce Development (DWD) denied Catholic Charities’ request, saying the Catholic organization wasn’t “operated primarily for religious purposes.” Catholic Charities sued, and the Wisconsin Supreme Court sided with the DWD, adding that Catholic Charities doesn’t “proselytize and serve everyone.”

The Becket Fund filed an appeal on behalf of Catholic Charities, and the U.S. Supreme Court ruled 9-0 in favor of Catholic Charities.

But rather than allow Catholic Charities to also receive the exemption, AG Kaul went back to the state Supreme Court and asked them to remove the UIT exemption for all religious organizations.

Yesterday, the Wisconsin Supreme Court sided with Catholic Charities.

In a press release, the Becket Fund applauded this ruling, writing:

The Wisconsin Supreme Court today blocked the state’s recent effort to defy the U.S. Supreme Court’s unanimous ruling in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission. In June, all nine Justices rejected Wisconsin Attorney General Josh Kaul’s argument that Catholic Charities’ care for the poor and needy wasn’t religious enough to qualify for a religious exemption from the state’s unemployment tax law. (Watch this video to learn more). But instead of complying with that decision, state officials asked the state’s high court to eliminate the exemption entirely. In its ruling today, the Wisconsin Supreme Court denied this request and ruled that Catholic Charities is entitled to the exemption.

In the Supreme Court’s 9-0 ruling this past summer, Justice Sonia 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.”

“You’d think Wisconsin would take a 9-0 Supreme Court loss as a hint to stop digging,” said Eric Rassbach, vice president and senior counsel at Becket. “But apparently Attorney General Kaul and his staff are gluttons for punishment. Thankfully, the Wisconsin Supreme Court put an end to the state’s tomfoolery and confirmed that Catholic Charities is entitled to the exemption it already won.”

In its order, the Wisconsin Supreme Court said that Catholic Charities is “eligible for the religious purposes exemption.”

This is not just a win for Catholic Charities, but for all religious organizations in the state of Wisconsin.

Remember, Kaul wanted to remove the exemption for every religious organization, which would have deep and serious financial implications.

State and federal unemployment insurance taxes would cost a religious organization roughly $440 to $490 per employee, per year. Depending on the size of the organization and number of employees, that can mean a few thousand dollars more annually or tens of thousands of dollars more. When those organizations rely on thin budgets and donations to survive, it can mean financial strain and even closure.

And Kaul is running for reelection. Keep that in mind.

“That’s a pretty clear indiciation that its intent is to go after religion. Again, people, we have a First Amendment,” Taske wrote.

Editor’s Note: Every single day, here at Townhall, we will stand up and FIGHT, FIGHT, FIGHT against the radical left and deliver the conservative reporting our readers deserve.

Help us continue to tell the truth about the Trump administration and its successes. Join Townhall VIP and use promo code FIGHT to get 60% off your membership.