The Trinity Lutheran Case
By JAMES K. FITZPATRICK
Earlier this spring, we featured a discussion in First Teachers of the case of Trinity Lutheran Church v. Comer, which was scheduled at the time to be decided by the U.S. Supreme Court. The verdict is in. The court issued a 7-2 decision favoring Trinity Lutheran Church on June 26; it should be of great consequence in the debate over taxpayer-assistance to students who attend schools run by religious groups.
Before discussing the court’s decision, let’s review the specifics of the case. Trinity Lutheran Church of Columbia, Mo., operates a day care and preschool. The school applied to a state grant program that helps nonprofit institutions pay for the installation of rubber playground surfaces. The Missouri Department of Natural Resources denied Trinity Lutheran’s application, contending a provision in the Missouri state constitution bars the state from providing funds to religious entities.
Trinity Lutheran sued in federal district court, arguing that its exclusion was a violation of free-exercise and equal-protection rights, and that it was being singled out among nonprofit groups solely because of its religious affiliation. … Continue Reading








