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EXCLUSIVE: A legal organization whose mission it is to defend the religious liberty of Americans has called the Supreme Court’s 9-0 ruling in favor of the Catholic Charities Bureau (CCB) “a huge moment for religious liberty in America,” and a clear rejection of government overreach into religious life.
“This was not a hard call,” Tiffany Dunkin, a legal fellow and attorney with the First Liberty Institute, emphasized in an interview with Fox News Digital, citing Thursday’s unanimous SCOTUS decision to strike down Wisconsin’s attempt to withhold a religious tax exemption because the CCB does not proselytize or serve only Catholics.
“What Wisconsin was doing… they were saying that the Catholic Charities was not a religious institution because they did not proselytize or serve people of their own faith,” Dunkin explained.
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“What they were doing was deciding what it means to be religious,” she added. “And the First Amendment prohibits the government from doing that.”
The case, Catholic Charities Bureau Inc. v. Wisconsin Labor and Industry Review Commission, questioned whether faith-based nonprofits that provide public services are “religious enough” to receive the same benefits as churches or houses of worship.
Catholic Charities, affiliated with the Diocese of Superior, Wisconsin, provides critical care services for people with disabilities and mental health needs. Wisconsin argued those acts were not “primarily religious.”
The Supreme Court disagreed.
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Justice Sonia Sotomayor, writing the opinion for the court, stated clearly that the government has no authority to assess or rank the religious nature of charitable work.
Dunkin said the consequences of the ruling go far beyond Wisconsin.
“This is actually a pretty ongoing problem across the country,” she noted.
“It’s not just Wisconsin. First Liberty Institute represents Dad’s Place in Bryan, Ohio… they’re saying that because you’re running a 24-7 homeless shelter, you’re not [religious].”
Other clients of Plano, Texas-based First Liberty in Colorado and Arizona have faced similar arguments from local governments, which question whether providing food, clothing or shelter to those in need is inherently religious.
“Even though there are churches doing this kind of work, the governments are saying, ‘Well, you’re not religious enough,’” Dunkin said.
The court’s language in the ruling, Dunkin pointed out, “affirms what the Supreme Court has said for nearly a century,” that the government cannot choose which expressions of faith are valid.
“This sends a great message to people of all religions and all charitable organizations,” she said. “The government… cannot intrude into telling you exactly what you can and can’t do, whether you’re religious or not religious, in order to receive a government benefit or participate in society.”
Had SCOTUS ruled the other way, Dunkin warned, it would have “grave implications” for religious charities and ministries nationwide.
“It would allow the government to step into the religious doctrine of all faiths more than our Founding Fathers ever intended,” she said. “The government cannot step in and get involved in deciding and picking and choosing between one type of religious activity and another.”
When asked what this means for churches and ministries on the ground, Dunkin’s answer was clear: “They should feel emboldened to continue to do what they feel called to do by their religious faith… especially in a charitable sense.”
And for those who may see this as a one-off legal win? Not so fast.
“I see this really as two different things,” she said. “One, an affirmance of what the First Amendment has always stood for… but of course, going forward, we do hope and we’re encouraged that religious liberty in America is alive and well. And of course, First Liberty Institute is here to continue to fight for that.”
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