CATHOLIC CHARITIES BUREAU, INC. v. STATE, LABOR AND INDUSTRY REVIEW COMMISSION

No. 2020AP2007.

2024 WI 13

Catholic Charities Bureau, Inc., Barron County Developmental Services, Inc., Diversified Services, Inc., Black River Industries, Inc. and Headwaters, Inc., Petitioners-Respondents-Petitioners, v. State of Wisconsin Labor and Industry Review Commission, Respondent-Co-Appellant, State of Wisconsin Department of Workforce Development, Respondent-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: March 14, 2024.


Attorney(s) appearing for the Case

For the petitioners-respondents-petitioners, there were briefs filed by Kyle H. Torvinen , and Torvinen, Jones & Saunders, S.C., Superior; Eric C. Rassbach (pro hac vice), Nicholas R. Reaves (pro hac vice), Daniel M. Vitagliano (pro hac vice), and The Becket Fund for Religious Liberty, Washington, D.C. There was an oral argument by Eric Rassbach .

For the respondent-appellant and respondent-co-appellant, there was a brief filed by Christine L. Galinat , and Department of Workforce Development, Madison; Jeffrey J. Shampo , and Labor and Industry Review Commission, Madison. There was an oral argument by Jeffrey J. Shampo .

An amicus curiae brief was filed by Daniel R. Suhr, and Hughes & Suhr LLC, Chicago, IL; Caleb R. Gerbitz, James M. Sosnoski, and Meissner Tierney Fisher & Nichols SC, Milwaukee, on behalf of Maranatha Baptist University, Maranatha Baptist Academy, Concordia University Wisconsin, the Wisconsin Family Counsel, and the Wisconsin Association of Christian Schools.

An amicus curiae brief was filed by Robert S. Driscoll, and Reinhart Boerner Van Deuren SC, Milwaukee; Stephen M. Judge (pro hac vice), Tiernan Kane (pro hac vice), and South Bank Legal, South Bend, IN, on behalf of Catholic Conferences of Illinois, Iowa, Michigan, and Minnesota.

An amicus curiae brief was filed by Gene C. Schaerr (pro hac vice), James C. Phillips (pro hac vice), and Schaerr Jaffee LLP, Washington, D.C.; Matthew M. Fernholz, and Cramer, Multhauf & Hammes, LLP, Waukesha, on behalf of Minnesota-Wisconsin Baptist Convention, Lutheran Church — Missouri Synod, National Association of Evangelicals, American Islamic Congress, The Church of Jesus Christ of Latter-day Saints, General Council on Finance and Administration of the United Methodist Church, The Ethics and Religious Liberty Commission, and Islam and Religious Freedom Action Team.

An amicus curiae brief was filed by Timothy Feldhausen, Tiffany Woelfel, and Amundsen Davis LLC, Green Bay; Sarah M. Harris (pro hac vice), Mark S. Storslee (pro hac vice), Rohit P. Asirvatham (pro hac vice), and Williams & Connolly LLP, Washington, D.C., on behalf of Professors Douglas Laycock & Thomas C. Berg.

An amicus curiae brief was filed by Levi W. Swank, Benjamin Hayes, and Goodwin Procter LLP, D.C.; Dina Ljekperic, and Goodwin Procter LLP, New York, NY; David W. Simon, Gregory N. Heinen, and Foley & Lardner LLP, Milwaukee, on behalf of International Society for Krishna Consciousness and The Sikh Coalition.

An amicus curiae brief was filed by Jon P. Axelrod, J. Wesley Webendorfer, and DeWitt LLP, Madison; Howard Slugh (pro hac vice), and The Jewish Coalition for Religious Liberty, Washington, D.C., on behalf of Jewish Coalition for Religious Liberty.

An amicus curiae brief was filed by Samuel Troxell Grover, Patrick C. Elliott, Madison, on behalf of Freedom From Religion Foundation.

An amicus curiae brief was filed by David Earleywine, and Wisconsin Catholic Conference, Madison; Bradley G. Hubbard (pro hac vice), Elizabeth A. Kiernan (pro hac vice), Zachary Faircloth (pro hac vice), Jason J. Muehlhoff (pro hac vice), and Gibson, Dunn & Crutcher LLP, Dallas, TX, on behalf of Wisconsin Catholic Conference.

An amicus curiae brief was filed by Jonathan Judge, and ArentFox Schiff LLP, Chicago, IL, on behalf of Catholic Charities USA.

An amicus curiae brief was filed by Ryan J. Walsh, John D. Tripoli, and Eimer Stahl LLP, Madison, on behalf of Wisconsin State Legislature.

ANN WALSH BRADLEY, J., delivered the majority opinion of the Court, in which DALLET, KAROFSKY, and PROTASIEWICZ, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, C.J., joined with respect to ¶¶ 110-61 and 163-98. HAGEDORN, J., filed a dissenting opinion.


¶1 The petitioners, Catholic Charities Bureau, Inc. (CCB) and four of its sub-entities, seek an exemption from having to pay unemployment tax to cover their employees. They assert that they are exempt from coverage under Wisconsin's Unemployment Compensation Act because they are operated primarily for religious purposes...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases