Amicus Brief

Atheists ask Court to Defend Workers’ First Amendment Rights

Washington, D.C. — American Atheists, a national civil rights organization, filed an amicus brief today in Catholic Charities v. Wisconsin Labor and Industry Review Commission. The U.S. Supreme Court’s decision in this case could determine, for the first time, whether nonprofit organizations doing charity work motivated by religious belief must be exempted from paying unemployment taxes.

In Wisconsin, the state labor commission denied an application for exemption submitted by Catholic Charities, whose activities were deemed “not religious.” The state Supreme Court agreed with that assessment, finding the organization “did not proselytize, did not conduct worship services, religious outreach, or religious education.”

Catholic Charities contends that Wisconsin — and numerous other states with similar unemployment insurance programs — are violating its free exercise rights. The nonprofit is demanding that its employees be excluded from critical government benefits, like unemployment insurance protections, solely because they work for a faith-based organization.

American Atheists, which advocates for the separation of church and state, disagrees. “Empathy knows no creed, and charities around the country employ millions of people who each have their own reasons for doing charitable work. Their rights must be protected,” said Geoffrey Blackwell, Legal Director for American Atheists. “For example, if the Supreme Court takes Catholic Charities side in this case, health care workers in places like Durango, Colorado, where the only hospital within two hours is run by a religious organization, would be denied government unemployment protections solely because the hospital where they work has religious reasons for providing health care. That is a situation no American should face.”

In the amicus brief filed today, American Atheists maintains the Establishment Clause rightfully and forcefully prohibits the government from using its taxation powers to coerce professions of religious belief, and that Catholic Charities is, therefore, violating the First Amendment by seeking a tax exemption based solely on a profession of religious belief.

“The legal theory Catholic Charities is presenting here echoes the very same violations that shocked American colonists and prompted them to ratify our First Amendment,” stated Blackwell. “The Supreme Court has repeatedly found that excluding people from government programs, like unemployment insurance, based on religion alone is unconstitutional.”

“Nonprofit employees are public servants, and whether we’re religious or not, we are all motivated by a desire to make a positive impact on our communities,” said Nick Fish, President of American Atheists. “It’s unconscionable that an organization like Catholic Charities would try to deny their hardworking employees public benefits simply because it’s religious.”

You can read American Atheists’ amicus brief here. A decision is expected from the U.S. Supreme Court by late June.

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American Atheists is a national civil rights organization dedicated to equality for atheists and other nonreligious people. We protect the rights of atheists, advance social inclusion, and empower nonreligious people through advocacy, education, and community building.

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If you have questions, please visit our Contact Us page. If you are a member of the media and would like to speak with a member of our team, please contact:

Melina Cohen
Director of Strategic Communications
press@atheists.org
(908) 276-7300 x103

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