Supreme Court rules in favor of church in crucial First Amendment case – Catholic News Agency
Washington D.C., Jun 26, 2017 / 11:32 am (CNA/EWTN News).- In one of the biggest religious cases of the term, the US Supreme Court on Monday ruled that a church-owned playground can be eligible for a public benefit program.
Chief Justice John Roberts, delivering the opinion of the Court, wrote June 26 that the exclusion of Trinity Lutheran, the church at the center of the case, from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand.
The decision in Trinity Lutheran Church of Columbia, Inc. v. Comer was about religious people being treated just like everybody else, stated Mike Farris, president of Alliance Defending Freedom.
At issue was a playground owned by Trinity Lutheran Church in Columbia, Mo., and operated by the churchs preschool. To resurface the playground for safety reasons, the church had applied for a state reimbursement program that provides rubber surfacing material made from used tires. Trinity Lutheran had ranked the fifth most qualified out of 44 applicants for the program.
The states natural resources department ultimately ruled the church ineligible for the program because of its religious status. The Missouri state constitution forbids taxpayer funding of churches. The Eighth U.S. Circuit Court of Appeals sided with the state.
The Supreme Court reversed that ruling and sent it back to the lower courts.
Justices Anthony Kennedy, Samuel Alito, and Elena Kagan joined Chief Justice Roberts opinion of the Court that the denial of the churchs eligibility for the program violated the free exercise clause. Justice Stephen Breyer filed an opinion concurring in Chief Justice Roberts' judgement.
Justices Clarence Thomas and Neil Gorsuch joined the Courts opinion except for a footnote stating that the decision was about discrimination based on religious identity with respect to playground resurfacing, and does not address religious uses of funding or other forms of discrimination.
I worry that some might mistakenly read the footnote to apply only to playground resurfacing cases, or only those with some association with childrens safety or health, or perhaps some other social good we find sufficiently worthy, Gorsuch wrote.
He added that the general principles here do not permit discrimination against religious exercisewhether on the playground or anywhere else.
Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented from the Courts opinion.
The Church had argued that the new surface would be a safety upgrade for the playground operated by its preschool and used by members of the community during non-school hours.
It was used by both church members and non-members, they insisted, and should not be ruled ineligible for a state benefit program available to other entities just because it is owned by a religious institution.
Opposing the church was the ACLU, which had argued that to make the church eligible for state benefits would be an unconstitutional violation of the establishment clause.
Missouris denial of the church, however, goes too far under precedents of Supreme Court decisions, Chief Justice Roberts wrote, and violates the Free Exercise Clause.
The Missouri law was passed during a time when many other states were passing laws barring public funding of sectarian schools, widely viewed at the time to mean Catholic schools and other religious schools that were not part of the public school system. The laws were modeled after the federal Blaine Amendment, proposed in the 1870s and named after Maine Congressman James Blaine. His amendment was proposed, but never passed by Congress.
In oral arguments in the case, justices also discussed the broader constitutionality of religious groups having access to other public benefits, including a Jewish synagogue requesting a security detail.
Catholic leaders applauded Mondays ruling.
The Supreme Court is signaling in this decision that the government must stop its growing hostility towards religion and religious institutions, and that antiquated and anti-Catholic Blaine Amendments should not be used as a weapon to discriminate against people of faith, Maureen Ferguson, senior policy advisor with The Catholic Association, stated.
For over a century, Blaine Amendments have enshrined into law discrimination against faith-based charities and schools that form an essential part of American society, Ashley McGuire, senior fellow with The Catholic Association, stated. In this case, a state Blaine Amendment was used to justify blacklisting a Christian elementary school from a playground safety program solely on religious grounds.
Blaine Amendments are anti-Catholic in their origin, and getting rid of them is more than a century overdue, she added. Todays decision demands a more fair and inclusive approach to government programs meant to serve all people."
The decision will have an effect in the future, David Cortman, senior counsel with Alliance Defending Freedom, who argued the case for the church before the Court in April, said. Whenever religious people, organizations, see themselves being discriminated against, this case will be the controlling precedent, he added.
Members of Congress also weighed in on the decision. House Speaker Paul Ryan (R-Wisc.) called it an important ruling for religious liberty with profound significance for Americas civil society.
Sen. James Lankford (R-Okla.), co-chair of the Congressional Prayer Caucus and who filed an amicus brief with colleagues on behalf of Trinity Lutheran in the case, stated that todays decision affirms the First Amendment right to the free exercise of religionto have more than just a belief but to live out your faith without discrimination from the government.
The case was ultimately between the church and the states natural resources department. Missouris attorney general recused himself in the case.
Missouris governor Eric Greitens (R) had already announced that in the future, religious institutions could be eligible for benefit programs of the natural resources department. However, the Court stated on Monday that that announcement does not moot this case.
Justice Sonia Sotomayor, in her dissent, stated that this case is about nothing less than the relationship between church and state.
The Court today profoundly changes that relationship by holding, for the first time, that the Constitution requires the government to provide public funds directly to a church, she added. Its decision slights both our precedents and our history, and its reasoning weakens this countrys longstanding commitment to a separation of church and state beneficial to both.
In the majority opinion, Chief Justice Roberts acknowledged that it is true the Department has not criminalized the way Trinity Lutheran worships or told the Church that it cannot subscribe to a certain view of the Gospel.
But, as the Department itself acknowledges, the Free Exercise Clause protects against indirect coercion or penalties on the free exercise of religion, not just outright prohibitions. And a church being denied participation in public benefits because of its religious character can be such an indirect coercion on the free exercise of religion, he continued.
In this case, there is no dispute that Trinity Lutheran is put to the choice between being a church and receiving a government benefit. The rule is simple: No churches need apply.
Read this article:
Supreme Court rules in favor of church in crucial First Amendment case - Catholic News Agency
- The Anti-Homelessness Plot Against the First Amendment - The New Republic - February 14th, 2026 [February 14th, 2026]
- In the News: Thomas Berg on Competing First Amendment Rights - Newsroom | University of St. Thomas - February 14th, 2026 [February 14th, 2026]
- New Knight Institute Initiative to Focus on Reconstructing Free Expression After Trump - | Knight First Amendment Institute - February 14th, 2026 [February 14th, 2026]
- Two Universities. Two Posters. One First Amendment Problem. - FIRE | Foundation for Individual Rights and Expression - February 14th, 2026 [February 14th, 2026]
- Haywood school district accused of First Amendment violation after Memphis rapper speaks to students - FOX13 Memphis - February 14th, 2026 [February 14th, 2026]
- Judge Rules Against Hegseth, Finding That He Trampled on Senator Kellys First Amendment Freedoms - Talking Points Memo - February 14th, 2026 [February 14th, 2026]
- Opinion | Don Lemon and the First Amendment - The Wall Street Journal - February 7th, 2026 [February 7th, 2026]
- The First Amendment and Lincolns Constitutional Legacy: Lectures in Law and Humanities focus on the history of Americans rights - Clemson News - February 7th, 2026 [February 7th, 2026]
- Can students be punished for protesting during the school day? First amendment expert weighs in - Fox 59 - February 7th, 2026 [February 7th, 2026]
- In the News: Julie Jonas on Don Lemon Arrest and the First Amendment - Newsroom | University of St. Thomas - February 7th, 2026 [February 7th, 2026]
- Nevada Fake Elector Case Resumes With Debate Over Intent Behind 2020 Pro-Trump Ceremony - First Amendment Watch - February 7th, 2026 [February 7th, 2026]
- Kentuckys Second Amendment warriors cannot stay silent as the First Amendment dies - Forward Kentucky - February 7th, 2026 [February 7th, 2026]
- Banned Books, Free Speech, and the First Amendment - Law.com - February 7th, 2026 [February 7th, 2026]
- Washington Post Cuts a Third of Its Staff in a Blow to a Legendary News Brand - First Amendment Watch - February 7th, 2026 [February 7th, 2026]
- Understanding what First Amendment rights students have when protesting ICE - WTHR - February 7th, 2026 [February 7th, 2026]
- Don Lemon Says a Dozen Agents Were Sent To Arrest Him Even Though He Offered To Turn Himself In - First Amendment Watch - February 4th, 2026 [February 4th, 2026]
- VERIFY: Yes, student protests are protected under the First Amendment, but schools can still discipline students for missing class - rocketcitynow.com - February 4th, 2026 [February 4th, 2026]
- Video First amendment lawyer reacts to arrest of Don Lemon - ABC News - February 1st, 2026 [February 1st, 2026]
- Mark Levin: Interference is not a First Amendment right - Fox News - February 1st, 2026 [February 1st, 2026]
- Can You Protest Inside or Near a Church? First Amendment Analysis - Freedom Forum - February 1st, 2026 [February 1st, 2026]
- First Amendment lawyers say Minneapolis ICE observers are protected by Constitution - Minnesota Reformer - February 1st, 2026 [February 1st, 2026]
- Opinion | After the Minneapolis shootings, a reminder of what the First Amendment protects - Star Tribune - February 1st, 2026 [February 1st, 2026]
- Trump Border Czar Suggests First Amendment Isnt All That Important - The New Republic - February 1st, 2026 [February 1st, 2026]
- The First Amendment turned upside down: Buckley at 50 - Citizens for Responsibility and Ethics in Washington - February 1st, 2026 [February 1st, 2026]
- The Recap: Trump takes a dump on the First Amendment, plus his asinine Fed chair nominee - Daily Kos - February 1st, 2026 [February 1st, 2026]
- Student sues UMass Amherst on First Amendment rights, after school suspends him - NEPM - February 1st, 2026 [February 1st, 2026]
- This is a vendetta against the press: journalists warn of threat to First Amendment - Northern News Now - February 1st, 2026 [February 1st, 2026]
- California prohibits its teachers from talking about a student's gender identity to their parents. That raises First Amendment concerns. - FIRE |... - February 1st, 2026 [February 1st, 2026]
- First Amendment and what it means to teen-agers - hngnews.com - February 1st, 2026 [February 1st, 2026]
- Don Lemon charged with interfering with First Amendment rights at church protest - NBC News - February 1st, 2026 [February 1st, 2026]
- First Amendment expert links religious freedom to global interfaith work in Spokane talk - FVS News - February 1st, 2026 [February 1st, 2026]
- Protesters' rights: What they can and can't do under the First Amendment - midmichigannow.com - February 1st, 2026 [February 1st, 2026]
- What the Law Says About the Don Lemon Arrest and the Limits of the First Amendment - EEW Magazine - February 1st, 2026 [February 1st, 2026]
- The First Amendment Will Outlive Trump | Opinion - Out South Florida - February 1st, 2026 [February 1st, 2026]
- NABJ OUTRAGED AT ARRESTS OF DON LEMON, GEORGIA FORT THE FIRST AMENDMENT IS NOT OPTIONAL - Texas Metro News - February 1st, 2026 [February 1st, 2026]
- The Alex Pretti shooting and the growing strain on the First Amendment - FIRE | Foundation for Individual Rights and Expression - January 26th, 2026 [January 26th, 2026]
- Opinion | Jack Smith is in First Amendment denial about trying to gag Trump - The Washington Post - January 26th, 2026 [January 26th, 2026]
- Are you protesting? Here's what to know about your rights to protest under the First Amendment. - tallahassee.com - January 26th, 2026 [January 26th, 2026]
- Anti-ICE protesters disrupted worship in a Minnesota church. Heres why the First Amendment doesnt protect their actions. - FIRE | Foundation for... - January 26th, 2026 [January 26th, 2026]
- CARTOONS: What the First Amendment doesnt protect | Drawing Board | Opinion - reviewjournal.com - January 26th, 2026 [January 26th, 2026]
- OPINION In these crazy times: The First Amendment will outlive Trump - windycitytimes.com - January 26th, 2026 [January 26th, 2026]
- Man Is Shot and Killed During Minneapolis Immigration Crackdown, National Guard Activated - First Amendment Watch - January 26th, 2026 [January 26th, 2026]
- Perspective: When First Amendment rights collide with immigration enforcement - Deseret News - January 20th, 2026 [January 20th, 2026]
- Walking Brain Injury: Conservatives Mock Don Lemon for Claiming First Amendment Right to Storm Church - Mediaite - January 20th, 2026 [January 20th, 2026]
- LETTER FROM THE EDITOR: Using First Amendment rights responsibly... - Columbia Basin Herald - January 20th, 2026 [January 20th, 2026]
- ICE clashes with the First Amendment | Strictly Legal - Cincinnati Enquirer - January 20th, 2026 [January 20th, 2026]
- Ex-NAACP Leader Jim Vincent to Headline Inaugural Bankole Thompson First Amendment Lecture - FrontPageAfrica - January 20th, 2026 [January 20th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - yoursun.com - January 20th, 2026 [January 20th, 2026]
- VICTORY: Jury finds Tennessee high school students suspension for sharing memes violated the First Amendment - FIRE | Foundation for Individual Rights... - January 16th, 2026 [January 16th, 2026]
- Opinion | The Post and the First Amendment - The Washington Post - January 16th, 2026 [January 16th, 2026]
- So Much for Free Speech. A Year of Trumps Attacks on the First Amendment - Zeteo | Substack - January 16th, 2026 [January 16th, 2026]
- Houlahan and Bicameral Group Of Democrats Introduce Bill To Protect First Amendment Rights, Safeguard Americans From Politically Motivated Harassment... - January 16th, 2026 [January 16th, 2026]
- Sarasota mayor accused of violating First Amendment by cutting off speakers - Suncoast Searchlight - January 16th, 2026 [January 16th, 2026]
- ACLU and City of Rose Bud reach settlement protecting First Amendment right to petition - thv11.com - January 16th, 2026 [January 16th, 2026]
- First Amendment cases are rising. FSU Law is rising to the occasion - FSView & Florida Flambeau - January 16th, 2026 [January 16th, 2026]
- Press Freedom Advocates Worry That Raid on Washington Post Journalists Home Will Chill Reporting - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Pierce County Journal - January 16th, 2026 [January 16th, 2026]
- Democrats Say Trump Administration Is Investigating Them Over Video Message to Troops - First Amendment Watch - January 16th, 2026 [January 16th, 2026]
- Coshocton Schools accused of violating First Amendment after teacher leads prayer - NBC4 WCMH-TV - January 16th, 2026 [January 16th, 2026]
- His SC hometown blocked him on Facebook after critical comment. He filed a First Amendment lawsuit. - Post and Courier - January 16th, 2026 [January 16th, 2026]
- Letters: Americans should not face death for exercising their First Amendment rights - Reporter-Herald - January 16th, 2026 [January 16th, 2026]
- Federal judge rules Creston teacher's first amendment rights were violated - KMAland.com - January 16th, 2026 [January 16th, 2026]
- Press Release: Murphy and Crow Introduce Bill to Safeguard First Amendment Rights and Combat Politically Motivated Harassment - Quiver Quantitative - January 16th, 2026 [January 16th, 2026]
- New Yorks Anti-SLAPP Act: An Unnecessary Chill on the First Amendment Right to Petition - Law.com - January 14th, 2026 [January 14th, 2026]
- Minnesota and the Twin Cities Sue the Federal Government To Stop the Immigration Crackdown - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- Man Convicted for Carrying Pelosis Podium During US Capitol Riot Seeks Florida County Office - First Amendment Watch - January 14th, 2026 [January 14th, 2026]
- 'At issue is the public right of access': First Amendment group savages Mar-a-Lago judge for 'incorrect' ruling over Jack Smith report, urges appeals... - January 11th, 2026 [January 11th, 2026]
- NYS AG: "Most extensive" First Amendment reforms ever approved in Saratoga Springs - WRGB - January 9th, 2026 [January 9th, 2026]
- Opinion | Jack Smith would have blown a hole in the First Amendment - The Washington Post - January 9th, 2026 [January 9th, 2026]
- Court rules University of Washington violated professors First Amendment rights - Campus Reform - January 9th, 2026 [January 9th, 2026]
- Law's Jonathan Entin and Eric Chaffee on first amendment rights and social media access for children - Case Western Reserve University - January 9th, 2026 [January 9th, 2026]
- Guest Column First Amendment and what it means to teen-agers - Milwaukee Community Journal - - January 9th, 2026 [January 9th, 2026]
- Voting rights, First Amendment issues expected to be battles in Pierre - SDPB - January 9th, 2026 [January 9th, 2026]
- Teachers First Amendment rights - theacorn.com - January 9th, 2026 [January 9th, 2026]
- OPINION: The First Amendment and peacefully protesting - Big Rapids Pioneer - January 9th, 2026 [January 9th, 2026]
- Appeals court reviews excluded texts and alleged First Amendment claim in Tucker medicalmalpractice appeal - Citizen Portal AI - January 9th, 2026 [January 9th, 2026]
- Sen. Mark Kelly vows to fight for First Amendment amid Pentagon threats - USA Today - January 9th, 2026 [January 9th, 2026]
- Musk's X is joining a First Amendment fight over trans bathroom photo - USA Today - December 31st, 2025 [December 31st, 2025]
- Filming ICE agents is a First Amendment right. So why might it land you in jail? - Straight Arrow News - December 31st, 2025 [December 31st, 2025]
- Liberties Year in Review: First Amendment victories - wng.org - December 31st, 2025 [December 31st, 2025]