
Washington D.C., Apr 19, 2017 / 02:42 pm (CNA/EWTN News).- The Supreme Court on Wednesday heard arguments about whether a state benefit program could exclude churches because of their religious status.
Several justices appeared skeptical of Missouri’s rationale for denying a church preschool access to a reimbursement program intended to encourage safety updates to playground surfaces.
Justices also debated the extent to which public services – including firefighting and security services – can constitutionally be offered to religious organizations.
Justice Elena Kagan stated that “there’s a constitutional principle” for religious institutions to be eligible for certain public programs.
“As long as you’re using the money for playground services, you’re not disentitled from that program because you’re a religious institution doing religious things,” she said of the case at hand. “And I would have thought that that’s a pretty strong principle in our constitutional law.”
The Supreme Court heard oral arguments Wednesday in Trinity Lutheran Church v. Comer, the most significant religious freedom case of this term so far.
At issue is whether a playground owned by a church and operated by its preschool can be denied access to a state benefit program simply because of the church’s religious status. Other properties of non-profits and secular institutions are eligible for the program.
Trinity Lutheran Church Child Learning Center in Columbia, Missouri, applied for the Scrap Tire Surface Material Grant program within the state’s department of natural resources, which would have provided reimbursements for making safety upgrades to its playground surfaces with material from used tires.
The state ultimately denied Trinity Lutheran participation in the program because it is run by Trinity Lutheran Church of Columbia, after the church was initially ranked fifth out of 44 applicants to receive reimbursements. On the state’s list of eligible recipients, the church originally scored higher than the ultimate recipient of the grants, the legal group Alliance Defending Freedom has said.
Missouri’s state constitution forbids taxpayer funding or preferential treatment of churches, an amendment passed at the same time as the federal Blaine Amendment was proposed.
The Blaine Amendment forbade federal funds from going to churches or their schools, and was seen by many as a ban on taxpayer funding of Catholic schools, as the public school system at the time, in the 1870s, was largely Protestant. Other states have similar amendments.
Groups like the American Civil Liberties Union have argued that the amendment is a protection against the unconstitutional government establishment of religion, although the Eighth Circuit said in its ruling that Trinity Lutheran being reimbursed by the state would not be a violation of the Establishment Clause.
The state’s new governor, Eric Greitens (R), recently announced that religious groups will be eligible for grant programs from the natural resources department in the future, although Trinity Lutheran might not be retroactively eligible for its playground grant.
On Wednesday, David Cortman of the legal group Alliance Defending Freedom argued on behalf Trinity Lutheran. He said that the state had conceded its denial of funding was “not facially neutral” and was “based on their religious character,” thus making it “discrimination against religion.”
Inside the Court on Wednesday, the justices pressed Cortman on whether the playground would be used for religious purposes and if that effectively constituted state funding of religious ministry.
Justice Ruth Bader Ginsburg promptly brought up the Court’s 1947 Eberson decision, which said public funding for maintenance of churches or church property was unconstitutional. Cortman replied that the decision also said that churches shouldn’t be deprived of all public benefits.
Justice Sonia Sotomayor said she believes “that this program is part of the religious ministry of this church.” She then asked if the playground surface reimbursement was an establishment of religion if play time at the preschool began with prayer, or if religious ministries took place on the playground.
The church’s case is for a “safe surface,” Cortman replied, and just because the playground might be used for religious purposes does not mean that it should be ineligible for the funds. If a church school receives public funding, that does not mean that it has to “just stop all religion in school,” he said.
The Supreme Court in Locke v. Davey drew a “narrow distinction,” he said, as that case focused on taxpayer funding of education of religious ministers.
Justice Sotomayor pressed Cortman to explain how the church’s free exercise of religion was being unconstitutionally violated, as it would not close its doors just because it had not received a reimbursement for the playground surface.
James Layton represented the state’s natural resources department, arguing in place of the new Missouri attorney general who recused himself in the case. Layton said that the state amendment is rooted in the 1820 Constitution, which was inspired by Thomas Jefferson’s Statute on Religious Freedom from 1786. It was “reenacted” in the latest version of the state’s constitution in 1945.
The state has “concerns” about the church’s eligibility for the program, he said, as a playground resurfacing funded by the state would be a “visible physical improvement on church property.” The church, he added later, admits it “uses the preschool to bring the Gospel to non-members.”
Justice Alito asked him if a Jewish synagogue or a mosque, threatened by vandals, asked for a public security detail, would that be a violation of the state’s constitution. Layton said it would, according to a traditional reading of the constitution.
Justices Stephen Breyer and Kagan followed up, asking him if emergency responses by fire departments or police officers to the school, or public health programs, would be allowed under the state’s constitution.
Layton admitted that wouldn’t be denied, and Breyer then followed up, asking, “If it does not permit a law that pays money out of the treasury for the health of the children in the church, school, or even going to church, how does it permit Missouri to deny money to the same place for helping children not fall in the playground, cut their knees, get tetanus, break a leg, et cetera? What’s the difference?”
Layton countered that the safety reason, and other health reasons, would not meet exceptions for public benefits for churches.
Justice Neil Gorsuch, the newest addition to the Supreme Court, did not ask many questions save for an exchange with Layton over government discrimination against religious groups in “selective” and “general” public programs.
After the arguments, Cortman was optimistic about the reception from the justices.
“I think the theme that came out was what we emphasized in our briefs, and that is if the government is going to open up some sort of a neutral benefit program, then it can’t discriminate against religious organizations simply because of their religious status,” he insisted.
“The government should be religion-blind just like it’s race-blind,” he added. “When the government’s engaging in safety benefit programs, it should want all kids to be safe. It shouldn’t matter what their status is, it shouldn’t matter where they decide to attend school, and I think that’s a principle here that the state violated.”
[…]
On Friday January 4, 2019 around 3 in the afternoon I went to Reny’s Store in Farmington, Maine.
There was a parking place right in front of the store, which had never happened before that and has not happened since then – GA #1.
I made 2 purchases and was heading out of the store when my right leg gave away and down I went. I broke a tendon in my right knee and a bone in my left wrist, but at the time I felt ok. (Shock?) 2 people helped me into my car parked right in front. I drove home (10 miles) and somehow managed to get inside the house, as in I have no memory of doing it – GA #2.
I sat down and told myself I was ok although things were starting to HURT BIGTIME.
I just happened to have my phone within reach of my left hand, the only one I could use – GA #3.
I kept telling myself that I was ok although it was getting increasingly apparent that such was not the case. Finally at 3 a.m. I realized (acknowledged) that something was really wrong and called first responders and they were there within 15 minutes – woken up at 3 in the morning on a January morning in rural Maine and there within 15 minutes. GA#4.
My GA wouldn’t tell me his (or her) name – he/she just smiled and said “I’ll be keeping an eye on you – like I have for the last 75 years.”
This REALLY happened.
Addendum – at NO time did I feel that I was in any danger at all.
Addendum #2- the part about speaking to my GA – I made that up.
Sorry
Through the years I gave scant attention to guardian angels, considered a real though pious sentiment. Until faced with difficulties common to the priesthood, fervid issues erupting among parishioners seemingly out of nowhere. Instances of solitary assignments in remote areas. Alone in darkness, unexpected sounds [structural shifting, perhaps not]. Faith strengthens. During prayer we know He’s present. With his angels. That gathered from Night Prayer.
Final prayers [night prayers] on Sundays offer an alternative or complementary prayer for protection during the night.
“Lord, we beg you to visit this house and banish from it all the deadly power of the enemy. May your holy angels dwell here to keep us in peace, and may your blessing be upon us always. We ask this through Christ Our Lord”.
We might ask, why angels? Then, why not? That angels are more of God’s creatures to love.
The information given via the link below is very informative with regard to Angels
The Orthodox Church’s Teachings on Angels » Saint John the Evangelist Orthodox Church (saintjohnchurch.org)
kevin your brother
In Christ
I have only recently developed a close relationship with my Guardian Angel. It’s been a most comforting experience. I’m keeping my Guardian Angel busy!
We can not begin to know how the Lord protects us!
Hebrews 1:14 Are they not all ministering spirits sent out to serve for the sake of those who are to inherit salvation?
Matthew 18:10 “See that you do not despise one of these little ones. For I tell you that in heaven their angels always see the face of my Father who is in heaven.
Psalm 91:11 For he will command his angels concerning you to guard you in all your ways.
Psalm 34:7 The angel of the Lord encamps around those who fear him, and delivers them.
Hebrews 13:2 Do not neglect to show hospitality to strangers, for thereby some have entertained angels unawares.
Hebrews 12:22 But you have come to Mount Zion and to the city of the living God, the heavenly Jerusalem, and to innumerable angels in festal gathering,
My guardian angel wakes me up when I oversleep, steers me out of troubled waters, helps me out of sticky situations,guides me into blessed situations. The more I pray and make appeals and live a devout life, the more help I get.
Also go to mass it’s the only time they get to go.