With Trump pick aboard, top U.S. court tackles religious rights
| WASHINGTON
WASHINGTON The U.S. Supreme Court is set this week to hear a closely watched case testing the limits of religious rights, and new Justice Neil Gorsuch's judicial record indicates he could tip the court toward siding with a church challenging Missouri's ban on state funding of religious entities.
Source: Reuters
"The U.S. Supreme Court is set this week to hear a closely watched case testing the limits of religious rights, and new Justice Neil Gorsuch's judicial record indicates he could tip the court toward siding with a church challenging Missouri's ban on state funding of religious entities. . . Gorsuch, who embraced an expansive view of religious rights as a Colorado-based federal appeals court judge, on Monday hears his first arguments since becoming a justice last week. He will be on the bench on Wednesday when the justices hear the Trinity Lutheran case, one of the most important of their current term. . . Gorsuch, appointed by President Donald Trump, restored the Supreme Court's 5-4 conservative majority. . . Trinity Lutheran wanted public funds to replace its playground's gravel with a rubber surface made from recycled tires that would be safer for children to play on.
The U.S. Constitution calls for a separation of church and state and guarantees the free exercise of religion."
The Question Presented
Does funding a playground associated with a Church violate the Establishment Clause of the First Amendment?
Trinity Lutheran Church (Trinity) in Columbia, Missouri. manages a licensed preschool and daycare called The Learning Center. The daycare center was founded as a non-secular non-profit, but later became a part of Trinity Lutheran Church in 1985. The Learning Center follows an open admissions policy, where anyone can enroll, regardless of their faith. It also integrates daily religious instruction into its programs.
The Missouri Department of Natural Resources (DNR), a state agency, offers Playground Scrap Tire Surface Material Grants. This grant funds qualifying organizations to purchase recycled tires to resurface their playgrounds. In 2012, Trinity applied for a grant, disclosing that the school and daycare were a part of the church. Although Lutheran was otherwise qualified for the grant, DNR denied their application
Missouri Constitution, Article I, Section 7
“That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect, or creed of religion, or any form of religious faith or worship.”
For more case history and law please take a look at Lesson Plan – Trinity Lutheran Church v. Sarah Parker Pauley
Video from the lesson plan uploaded to YouTube
Uploaded on Aug 25, 2010
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