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
- No First Amendment for some immigrant journalists or sources, govt says - Freedom of the Press Foundation - March 26th, 2026 [March 26th, 2026]
- Protesting in Tennessee, what are your First Amendment rights? - The Tennessean - March 26th, 2026 [March 26th, 2026]
- First Amendment lawsuit seeks to end Nashuas policy of requiring name and address during public comment - New Hampshire Public Radio - March 26th, 2026 [March 26th, 2026]
- First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian - | Knight First Amendment Institute - March 26th, 2026 [March 26th, 2026]
- Does a Public Actor Have the Right to Anonymity? Animal Research and Wider First Amendment Implications - Harvard Law School - March 26th, 2026 [March 26th, 2026]
- Halo zone around police, ICE nears final passage as Dems voice First Amendment concerns - News From The States - March 26th, 2026 [March 26th, 2026]
- Bravo to students who use the First Amendment - The Campanile - March 26th, 2026 [March 26th, 2026]
- Supreme Court revives First Amendment lawsuit from street preacher who called concertgoers whores, Jezebels and sissies - CNN - March 26th, 2026 [March 26th, 2026]
- The next AI fight: Do the chatbots have First Amendment rights? - qz.com - March 26th, 2026 [March 26th, 2026]
- Judge strikes down restrictive Pentagon press policy, finding it violates First Amendment - CBS News - March 26th, 2026 [March 26th, 2026]
- Gianforte Administration Reverses Permit Guidelines, Allows Weekend Events at the State Capitol - First Amendment Watch - March 26th, 2026 [March 26th, 2026]
- A call for US companies to follow the First Amendment: Ross Kerber - TradingView - March 26th, 2026 [March 26th, 2026]
- Students sue University of Alabama over suspension of campus magazines, claim First Amendment breach - rocketcitynow.com - March 26th, 2026 [March 26th, 2026]
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]
- The Recap: Trump squashes First Amendment, and another state could flip blue - Daily Kos - March 15th, 2026 [March 15th, 2026]
- In Fox News Op-Ed, Mahmoud Khalil Urges Americans To Defend The First Amendment - Yahoo - March 15th, 2026 [March 15th, 2026]
- Sheriff Grady Judd says troll crossed lines of First Amendment in threats made to Kaitlin Bennett - Yahoo - March 15th, 2026 [March 15th, 2026]
- The Fate of the First Amendment - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Attacking the First Amendment on Repeat - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Humanities Hub leads a week of celebrating First Amendment rights and history - Clemson News - March 15th, 2026 [March 15th, 2026]
- Free Expression and the Rights of Non-Citizens - | Knight First Amendment Institute - March 15th, 2026 [March 15th, 2026]
- Former ACLU president speaks with Trojans about intricacies of the First Amendment and free speech - USC Today - March 15th, 2026 [March 15th, 2026]
- AU holds 2026 Future of the First Amendment Lecture on Tuesday - WJBF - March 15th, 2026 [March 15th, 2026]
- INDIVIDUAL RIGHTS5th Cir.: Principal not immune from teachers First Amendment claims over pre-attendance prayer ban - VitalLaw.com - March 15th, 2026 [March 15th, 2026]
- First amendment quote - Pea Ridge Times - March 15th, 2026 [March 15th, 2026]
- Stanford Daily First Amendment suit against Trump admin moves toward final ruling - The Mercury News - March 15th, 2026 [March 15th, 2026]
- Diddy Reiterates Claim Freak-Offs Were Protected by First Amendment in New Appeal Brief - Complex - March 15th, 2026 [March 15th, 2026]
- Steve Bertrands acceptance speech for Lifetime Achievement Award at the RTDNA First Amendment Awards - WGN Radio 720 - March 15th, 2026 [March 15th, 2026]
- Legal Battle Between Anthropic, Trump Admin Could Have Major First Amendment Implications, Experts Say - National Review - March 15th, 2026 [March 15th, 2026]
- Kansas Senate votes to subvert students First Amendment right to join public protests - Kansas Reflector - March 7th, 2026 [March 7th, 2026]
- The Infrastructure of Free Expression - | Knight First Amendment Institute - March 7th, 2026 [March 7th, 2026]
- Editorial: Know the First Amendment rights - The Shorthorn - March 7th, 2026 [March 7th, 2026]
- After Abandoning Law Firm Executive Orders, Trump Administration Reverses Course and Pursues Fight - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- Federal Judge Blocks Florida Governors Foreign Terrorist Label of Muslim Groups - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- You cant celebrate the First Amendment with Donald Trump - Media Matters for America - March 7th, 2026 [March 7th, 2026]
- Mamdanis thin-skinned press secretary blocks social media comments a clear First Amendment violation, critics say - New York Post - February 26th, 2026 [February 26th, 2026]
- A Childrens Book Writer Clashed With Trump. Now Shes Defending The First Amendment - SheKnows - February 26th, 2026 [February 26th, 2026]
- Christian nationalism threatens First Amendment freedoms: The right to worship any way you desire - MS NOW - February 26th, 2026 [February 26th, 2026]
- Age Limits on Bodybuilding Supplements: Inside the First Amendment Battle for Teen Health - Live Media News - February 26th, 2026 [February 26th, 2026]
- Sorry FTC, the First Amendment Trumps Antitrust Law - RealClearMarkets - February 26th, 2026 [February 26th, 2026]
- Letter: Utah bill targeting protesters is a frontal assault on First Amendment rights - The Salt Lake Tribune - February 22nd, 2026 [February 22nd, 2026]
- First Amendment Troops The ResistDance - Dance Magazine - February 22nd, 2026 [February 22nd, 2026]
- Gov. Hochuls crackdown on AI-generated political speech wont pass the First Amendment test - New York Post - February 22nd, 2026 [February 22nd, 2026]
- Utah bill cracking down on protests criticized as invasion of our First Amendment rights - Utah News Dispatch - February 22nd, 2026 [February 22nd, 2026]
- The First Amendment in flux - The Minnesota Daily - February 22nd, 2026 [February 22nd, 2026]
- Attorney William Brewer on New Yorks Even Year Election Law and the First Amendment - First Amendment Watch - February 22nd, 2026 [February 22nd, 2026]
- Supporting and Implementing Truth as a Free Speech Value - | Knight First Amendment Institute - February 22nd, 2026 [February 22nd, 2026]
- Editorial: Reading between the lines of the First Amendment - TribLIVE.com - February 22nd, 2026 [February 22nd, 2026]
- Press Release: Representative Dave Min Raises First Amendment Concerns in Letter to FCC Chairman - Quiver Quantitative - February 22nd, 2026 [February 22nd, 2026]
- In a Scorching Order, Federal Judge Rejects Trumps Attempt to Trample the First Amendment and Rewrite Americas Antebellum Past - Ms. Magazine - February 22nd, 2026 [February 22nd, 2026]
- 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]