Supreme Court will rule on church-state divide in playground case
WASHINGTON -- A Missouri church alleging religious discrimination because it was denied state funds for playground resurfacing has won an audience at the Supreme Court.
The justices will decide if a grant program designed to upgrade playgrounds with material from scrap tires must swing clear of religion -- or whether they should let the separation of church and state slide.
Missouri refused to include Trinity Lutheran Church of Columbia among 14 grant winners because the state's Constitution says “no money shall be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion.” Two lower federal courts upheld its decision.
That didn't sit right with the church or its lawyers, the Arizona-based Alliance Defending Freedom. They told the justices that the church needed the money as much as secular competitors because the jagged edges of its pea gravel playground surface can injure children.
"No public benefit could be further removed from the state’s anti-establishment concerns than a grant for safe rubber playground surfaces that serve no religious function or purpose," they argued in urging the court to hear the appeal.
Ten states led by Nevada backed the church, contending that the tire-recycling program "cannot serve any religious purpose."
The state responded that the issue is "whether states are required by the U.S. Constitution to violate their own constitutions and choose a church to receive a grant when that means turning down non-church applicants."
The court under Chief Justice John Roberts has been solicitous when it comes to religious freedom. Last June, for instance, it ruled without dissent that an Arizona town could not give signs promoting a church's worship services treatment inferior to political campaign signs.
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The year before in a New York case, the justices upheld the public tradition of opening government meetings with a prayer, even if they are overwhelmingly Christian and citizens are encouraged to participate.