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Published on February 04, 2025
Ohio AG Dave Yost Rallies 18 States to Contest Wisconsin Ruling over Religious FreedomSource: Google Street View

Ohio Attorney General Dave Yost is leading a coalition of 19 state attorneys to overturn a Wisconsin Supreme Court decision that they contend oversteps on religious freedoms protected by the First Amendment. The case concerns whether a religious charity, the Catholic Charities Bureau, part of the Diocese of Superior, should be required to pay unemployment taxes despite usually being exempt under state law.

The crux of the issue arises from the Wisconsin Supreme Court's interpretation that Catholic Charities Bureau's activities, which include serving the disadvantaged regardless of their faith, are not inherently religious because nonreligious groups could provide similar services. In response, Yost stated, “The power to define religion is the power to destroy it," suggesting that such decisions from the government threaten religious liberty. This sentiment, pulled from a statement on the Ohio Attorney General's website, echoes the concerns of the attorneys general that the ruling is a governmental intrusion at odds with the First Amendment’s establishment and free-exercise clauses.

An amicus brief, which challenges the Wisconsin Supreme Court's 2024 decision, has been filed with the U.S. Supreme Court. The brief contends that defining what constitutes a religious practice—and excluding charitable acts—is an infringement by the government on constitutional protections.

Furthermore, Yost and his counterparts argue that under the original understanding of the First Amendment, it's impermissible for the government to interfere with religious matters. "If any religious activity, no matter how deeply rooted in doctrine and practice, becomes secular the moment the nonreligious adopt it, then no religious exercise is safe from government regulation,” said Ohio Attorney General Dave Yost in the brief. They stress the precedent set by the Wisconsin court ruling is dangerous for religious liberty. Joining Yost in the amicus brief are attorneys general from states including Alabama, Arkansas, Florida, Georgia, and several others.

This case has garnered national attention as it highlights the ongoing debate over the separation of church and state and the limits of religious exemptions. The U.S. Supreme Court's decision to take on or pass on the case will have significant implications for how governmental bodies can engage with religious organizations and possibly redefine the scope of religious practices protected under the Constitution.