Courthouse Steps Decision: Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission

Wisconsin’s unemployment insurance program provides financial assistance to those who have lost their job through no fault of their own. Under state law, certain nonprofit organizations can opt out of the program, including those operated primarily for religious purposes. Catholic Charities of the Diocese of Superior—a religious ministry that serves people with disabilities, the elderly, and the impoverished—requested an exemption from the state’s program so that it could enroll in the Wisconsin Bishops’ Church Unemployment Pay Program (CUPP), which provides the same level of unemployment benefits.

Last year, the Wisconsin Supreme Court ruled that Catholic Charities could not receive an exemption because its charitable work was not “typical” religious activity. The court said that Catholic Charities could only qualify for an exemption if, for example, it limited its hiring to Catholics and tried to convert those it served. 

On June 5th, 2025, the United States Supreme Court unanimously reversed the Wisconsin Supreme Court’s ruling, holding it was a violation of the First Amendment to withhold a tax exemption on the grounds that they were not “operated primarily for religious purposes” because the organization did not proselytize or limit services to only fellow Catholics. 

Join us for an expert analysis of the decision and its implications.

Featuring:

• Eric Rassbach, Vice President and Senior Counsel, The Becket Fund for Religious Liberties
• (Moderator) Prof. Michael P. Moreland, University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law

*******

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.