Tag Archives: Free Exercise Clause

Trinity Lutheran Church vs Comer and the free exercise of religion

I have a confession to make. Reading the US Supreme Court’s ruling on Trinity Lutheran Church vs Comer, I am more persuaded by the majority decision written by Chief Justice Roberts than by Justice Sotomayor’s dissent. In this I differ from many secular campaign groups who deplore the ruling and are worried about what it might lead to.

In brief, Missouri runs a program using old tyres to improve children’s playgrounds. Trinity Lutheran Church asked to benefit from this. Their bid was rejected because it came from a church, in line with Missouri’s rule that no taxpayers’ money can go to a church. The Supreme Court ruled 7–2 that rejecting the bid simply because it came from a church violated the constitutional ban on laws “… prohibiting the free exercise” of religion. Sotomayor’s dissent, in contrast, focused on the other half of that clause, banning laws “respecting an establishment of religion”.

The two phrases together are commonly interpreted as erecting Jefferson’s “wall of separation” between churches and the government, preventing taxpayers money from going to churches and preventing the government from taxing churches. Continue reading

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