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Court says church school can't be barred from state funds for playground


Activists rally outside U.S. Supreme Court in Washington June 26 after the court sided with Trinity Lutheran Church in Columbia, Mo., which sued after being denied a state grant for creating a safer playground. (CNS photo/Yuri Gripas, Reuters)

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WASHINGTON (CNS) -- In a 7-2 decision, the Supreme Court June 26 said a Lutheran preschool should not be excluded from a state grant program to refurbish its playground surface just because it is a religious entity.

"The exclusion of Trinity Lutheran 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," wrote Chief Justice John Roberts in the court's opinion.

The court's decision reverses a ruling by the 8th U.S. Circuit Court of Appeals that had sided with the state's 2015 decision to exclude the school from obtaining grant funds.

Roberts said the appeals court decision made it clear that the Trinity Lutheran preschool was "put to the choice between being a church and receiving a government benefit," and the answer they were given was: "No churches need apply."

At issue in Trinity Lutheran Church v. Comer was the school's denial of grant reimbursement to nonprofit groups for the cost of purchasing and installing playground surfaces using recycled tires through a state program.

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