SCOTUS Considers Whether States Can Tax Catholic Charities and Faith-Based Groups

The upcoming Supreme Court case, scheduled for Monday, has the potential to profoundly impact the unemployment benefits of millions of workers employed by religiously affiliated organizations across the United States. The case revolves around whether states can require these organizations, such as Catholic Charities, to pay unemployment taxes. Critics have warned that a ruling in favor of taxing these organizations could jeopardize the benefits for over a million workers who rely on these services, especially in religiously affiliated hospitals, schools, and charitable organizations.

At the center of this case are the Catholic Charities Bureau and four affiliated organizations, which argue that the state of Wisconsin violated the First Amendment’s protections for religious organizations by refusing to grant exemptions from unemployment taxes. This is the first major religious case the conservative 6-3 majority of the Supreme Court has addressed in nearly two years. Over the past few years, this conservative majority has weakened the separation between church and state, making decisions that have significantly broadened the ability of religious institutions to receive government support, including taxpayer funds.

The Supreme Court’s recent rulings have signaled a shift away from strict interpretations of the Establishment Clause, which prohibits government actions that promote or favor a particular religion. For example, in the past, the Court has ruled in favor of religious groups on issues like the display of religious symbols and the rights of religious organizations to engage in specific activities. In one high-profile case, the Court ruled that Boston could not prevent a Christian organization from flying a flag at City Hall, and another ruling allowed a public high school football coach to lead prayers at midfield after games.

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