Supreme Court justices from across the ideological spectrum expressed deep concern yesterday about the denial of a state tax exemption for a Catholic charity on the grounds that the nonprofit is not “operated primarily for religious purposes.”
At issue is whether religious freedom extends only to bodies engaged in worship and converting people, or whether it includes a church’s charitable works such as feeding the poor without any requirement to believe or convert.
Defending the narrow interpretation, attorney Colin T. Roth told the justices Wisconsin State limits religious exemptions to those organisations engaged in “distinctively religious activities like worship, ritual, teaching the faith, or spreading a religious message.”
But religious liberty scholars backing Catholic Charities told the justices in a court filing that the Wisconsin Supreme Court “has told Roman Catholics that two commands of their religion are not religious at all — to serve those in need, and to do so regardless of whether those in need adhere to the same religious beliefs”.
During oral arguments on Monday a majority of Judges, including Obama-appointee, Elena Kagan, appeared ready to back the expansive definition of what counts as religious and is entitled to religious exemptions.
