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Constitution

State May Not Discriminate Among Faiths in Determining What Activity Counts as Religious

Wheatley Constitutional Government Initiative Director James C. Philips contributed an article to the Federalist Society about a recent Supreme Court case regarding the tax-exempt status of Catholic charities in Wisconsin.

Wisconsin attemped to deny religious organization tax exemptions to Catholic charities, arguing that the charities didn't qualify due to their employment of non-Catholics and lack of prosolytizing.

Justice Sotomayor emphasized that state governments cannot define what constitutes “religious activity” based on theological preferences, arguing that the Catholic Church’s charitable work—viewed by the state as secular—is inherently religious under Catholic teaching.

Read the full article here.