Trinity Lutheran Church of Columbia v. Comer

CASETrinity Lutheran Church of Columbia v. Comer

Client Story

Trinity Lutheran Church of Columbia

Trinity Lutheran Church has faithfully served the people of small-town Columbia, Missouri for over 90 years. Whether providing support for foster children, donating labor, food, and funds to a local county food bank, or helping with Habitat for Humanity building projects all over the community, Trinity Lutheran Church lives its mission to make disciples.

Another aspect of Trinity Lutheran’s ministry is to run a child learning center that is open to all members of the community with children age 2 to kindergarten. In 2012, Trinity Lutheran Church Child Learning Center sought to participate in the Playground Scrap Tire Surface Materials Grant Program that was administered by the Missouri Department of Natural Resources (DNR). The grant program recycles scrap tires into rubber playground surfaces in an attempt to reduce the amount of tires in landfills and to foster children’s safety. The center wished to remove and replace a large portion of the pea gravel surface of its playgrounds with a pour-in-place rubberized product made from recycled tires. Replacing the surface provided a higher level of safety for the children at the center and all the children in the community who use the playground after school hours and on weekends.

Trinity Lutheran submitted its grant application, and the DNR ranked it fifth out of 44 applicants due to numerous factors, including the poverty level of the surrounding area. But, instead of awarding the grant, the DNR pointed to a section of the state constitution that prohibits government aid to religion and promptly disqualified the learning center solely because it was operated by a church.

In December 2011, the church contacted Alliance Defending Freedom (ADF), requesting our intervention in the matter. After just over a year of case development, in January 2013, ADF filed a lawsuit on behalf of Trinity Lutheran Church against the director of the DNR. The district judge ruled for the state and dismissed the case. ADF appealed the decision to the U.S. Court of Appeals for the Eighth Circuit, which ruled to uphold the district court’s decision.

Committed to preserving the rights of the church, ADF petitioned the U.S. Supreme Court in November 2015 to take the case.

“Seeking to protect children from harm while they play tag and go down the slide is about as far from an ‘essentially religious endeavor’ as one can get,” explains the ADF petition. “The DNR’s religious exclusion sends a message that Trinity’s children are less worthy of protection simply because they play on a playground owned by a church. This is not a mild disapproval of religion."

The United States Supreme Court accepted the petition to hear the case, and oral arguments were heard on April 19, 2017.

Thankfully, on June 26, 2017, Trinity Lutheran Church won its case at the Supreme Court. The Court ruled 7-2 that the government cannot exclude churches and other faith-based organizations from a secular government program simply because of their religious identity, setting a board precedent for religious freedom.

In October 2018, children at the Learning Center were finally able to enjoy a new, safe playground surface.

Trinity Lutheran Playground

Trinity Lutheran Church of Columbia v. Comer

What's at stake

The freedom of churches to be treated equally by the government
The freedom from discrimination against churches solely because of their religious identity
The freedom of churches and ministries to participate in neutral government grant programs on the same basis as all others
The right of churches to be treated as full members of the community and not be discriminated against or disadvantaged because of their religious faith

Summary

Trinity Lutheran Church is located in Columbia, Missouri. The church operates a preschool called The Learning Center, which has a playground on site for use by students and the community at large. In 2012, Trinity applied for a playground resurfacing grant from the Department of Natural Resources of the State of Missouri. The grant was part of the state’s Scrap Tire Program that recycles scrap tire material in an attempt to reduce the amount of tires in landfills. Trinity’s playground was surfaced with pea gravel that was hard on the children if they fell, and it kept migrating away from the slides and other play structures. Trinity wanted a grant to resurface its playground with a pour-in-place rubber surface made from recycled tires.

The Department received 44 applications in 2012. It ranked Trinity’s application fifth, and it gave out 14 grants that year. But the Department denied a grant to Trinity solely because the preschool was operated by a church, basing its decision on a state constitutional clause that prohibited aid to churches.

Trinity filed suit in 2013, seeking to protect the safety of its students, as well as the community members who use the playground after hours and on weekends. After the Court of Appeals ruled against Trinity, the U.S. Supreme Court agreed to hear the case.

On June 26, 2017, Trinity Lutheran Church won its case at the Supreme Court. The Court ruled 7-2 that the government cannot exclude churches and other faith-based organizations from a secular government program simply because of their religious identity, setting a broad precedent for religious freedom.

In October 2018, children at the Learning Center were finally able to enjoy a new, safe playground surface.

Our role in this case

Alliance Defending Freedom represented Trinity Lutheran Church all the way to the U.S. Supreme Court. We defended the church’s freedom to participate equally in neutral government programs and not be discriminated against solely because of the church’s religious identity.

Summary

Alliance Defending Freedom attorneys represent a church that runs a preschool and daycare center, which was excluded from a Missouri program that provides grants to purchase rubberized surface material (made of recycled tires) for children’s playgrounds. Although the state highly ranked the center as qualified for the program, it denied the center’s application solely because a church runs the daycare.

Court	Title	Date
U.S. Supreme Court (?)	U.S. Supreme Court opinion	Jun 26 2017
U.S. Supreme Court (?)	U.S. Supreme Court oral argument transcript	Apr 19 2017
U.S. Supreme Court (?)	Reply brief of petitioner	Aug 12 2016
U.S. Supreme Court (?)	Response Brief	Jun 28 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Association of Christian Schools International and Lutheran Church - Missouri Synod	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - American Association of Christian Schools	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - 34 members of Congress	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - American Jewish Committee - in support of neither party	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - 18 states	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Becket Fund for Religious Liberty	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Belmont Abbey College	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - State of Colorado	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Bronx Household of Faith	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Cato Institute	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Christian Legal Society et al.	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Council for Christian Colleges and Universities et al.	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Douglas County School District and Douglas County School Board	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Ethics and Religious Liberty Commission	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - General Council of the Assemblies of God	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Institute for Justice	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Institutional Religious Freedom Alliance	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Justice and Freedom Fund	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Law and religion practitioners	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Liberty Counsel and National Hispanic Christian Leadership Conference/Conela	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - National Association of Evangelicals	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Pacific Legal Foundation	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Union of Orthodox Jewish Congregations of America	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - USCCB et al.	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - Wallbuilders, Inc.	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - World Vision, Inc.	Apr 21 2016
U.S. Supreme Court (?)	Amicus brief in support of petitioner - American Center for Law and Justice	Apr 19 2016
U.S. Supreme Court (?)	Petitioners' brief on the merits	Apr 14 2016
U.S. Supreme Court (?)	Petitioners' reply brief filed with U.S. Supreme Court	Dec 18 2015
U.S. Supreme Court (?)	Brief in opposition to petition for certiorari	Dec 07 2015
U.S. Supreme Court (?)	Amicus brief in support of petition for writ of certiorari - The states of Nevada, Arizona, Arkansas, Colorado, Georgia, Montana, Ohio, Oklahoma, Utah, and Wisconsin	Dec 07 2015
U.S. Supreme Court (?)	Amicus brief in support of petition for writ of certiorari - Ethics and Religious Liberty Commission of the Southern Baptist Convention	Dec 07 2015
U.S. Supreme Court (?)	Amicus brief in support of petition for writ of certiorari - Association of Christian Schools International and Lutheran Church - Missouri Synod	Dec 07 2015
U.S. Supreme Court (?)	Amicus brief in support of petition for writ of certiorari - The American Center for Law and Justice	Dec 07 2015
U.S. Supreme Court (?)	Amicus brief in support of petition for writ of certiorari - Foundation for Moral Law	Dec 07 2015
U.S. Supreme Court (?)	Petition for writ of certiorari	Nov 04 2015
Appellate Court (?)	En banc denial	Aug 11 2015
Appellate Court (?)	8th Circuit opinion	May 29 2015
Appellate Court (?)	State's answer brief filed with 8th Circuit	Jun 18 2014
Appellate Court (?)	Opening brief filed with 8th Circuit	Apr 28 2014
Trial Court (?)	Notice of appeal	Feb 04 2014
Trial Court (?)	Denial of motion for reconsideration	Jan 07 2014
Trial Court (?)	Reply brief in support of motion for reconsideration	Dec 02 2013
Trial Court (?)	Dismissal order	Sep 26 2013
Trial Court (?)	Complaint	Jan 25 2013

CASETrinity Lutheran Church of Columbia v. Comer

Client Story

Trinity Lutheran Church of Columbia

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Trinity Lutheran Church of Columbia v. Comer

What's at stake

Summary

Our role in this case

Summary

News Releases

Discussion event: Supreme Court’s decision in Trinity Lutheran Church of Columbia v. Comer

Religious Freedom

Discussion event: Supreme Court’s decision in Trinity Lutheran Church of Columbia v. Comer

US Supreme Court rules for fair play in govt programs

Religious Freedom

US Supreme Court rules for fair play in govt programs

Huge religious freedom victory at US Supreme Court

Religious Freedom

Huge religious freedom victory at US Supreme Court

Preschool director’s statement following oral arguments at US Supreme Court

Religious Freedom

Preschool director’s statement following oral arguments at US Supreme Court

ADF to argue against religious discrimination Wednesday at US Supreme Court

Religious Freedom

ADF to argue against religious discrimination Wednesday at US Supreme Court

Media call Tuesday with ADF attorney arguing for Missouri church at US Supreme Court

Religious Freedom

Media call Tuesday with ADF attorney arguing for Missouri church at US Supreme Court

ADF statement on Missouri religious liberty policy announcement

Religious Freedom

ADF statement on Missouri religious liberty policy announcement

Debate: ‘Tire Scraps and Religious Liberty’ at Newseum on April 7

Religious Freedom

Debate: ‘Tire Scraps and Religious Liberty’ at Newseum on April 7

US Supreme Court sets oral argument date for highly important religious freedom case

Religious Freedom

US Supreme Court sets oral argument date for highly important religious freedom case

Symposium: Religious liberty before the Supreme Court

Religious Freedom

Symposium: Religious liberty before the Supreme Court

ADF answers Missouri’s claim that it is free to discriminate against religious preschool

Religious Freedom

ADF answers Missouri’s claim that it is free to discriminate against religious preschool

Missouri Tells Supreme Court That Discrimination Against Churches Is Proper

Religious Freedom

Missouri Tells Supreme Court That Discrimination Against Churches Is Proper

Multiple groups voice support for preschoolers at US Supreme Court

Religious Freedom

Multiple groups voice support for preschoolers at US Supreme Court

ADF to Supreme Court: Govt isn’t neutral if it treats the religious worse than everyone else

Religious Freedom

ADF to Supreme Court: Govt isn’t neutral if it treats the religious worse than everyone else

US Supreme Court agrees to tackle religious hostility by states

Religious Freedom

US Supreme Court agrees to tackle religious hostility by states

ADF deflates Missouri’s arguments favoring religious discrimination in playground scrap tire program

Religious Freedom

ADF deflates Missouri’s arguments favoring religious discrimination in playground scrap tire program

Multiple states to US Supreme Court: Govt can’t show favoritism to non-religious preschoolers

Religious Freedom

Multiple states to US Supreme Court: Govt can’t show favoritism to non-religious preschoolers

ADF to US Supreme Court: Mo. can’t single out church preschool for discrimination

Religious Freedom

ADF to US Supreme Court: Mo. can’t single out church preschool for discrimination

ADF to court: Mo. can’t arbitrarily choose which Christian pre-school qualifies for scrap tire program

Religious Freedom

ADF to court: Mo. can’t arbitrarily choose which Christian pre-school qualifies for scrap tire program

Christian pre-school excluded from Mo. scrap tire program files appeal

Religious Freedom

Christian pre-school excluded from Mo. scrap tire program files appeal

Mo. scrap tire program runs down pre-school

Religious Freedom

Mo. scrap tire program runs down pre-school

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David A. Cortman

Kristen K. Waggoner