WASHINGTON--The U.S. Supreme Court on Wednesday appeared poised to expand religious rights and potentially narrow the separation of church and state after liberal and conservative justices alike signaled support for a church denied Missouri taxpayer funds for a playground project.
A ruling in favour of Trinity Lutheran Church in Columbia, Missouri in the case, one of the most important of the court's current term, could pave the way for more public money to go to religious entities. Justices across the nine-member court's ideological spectrum indicated that Trinity Lutheran should be allowed to apply for the Missouri grant programme that helps nonprofit groups buy rubber playground surfaces made from recycled tires. The church runs a preschool and daycare center.
"It does seem as though this is a clear burden on a constitutional right," liberal Justice Elena Kagan said during a one-hour argument, referring to Missouri's prohibition.
A ruling is due by the end of June. It is unclear how far the justices will go in setting a precedent that would give states more leeway to fund religious entities directly.
The dispute pits two provisions of the U.S. Constitution's First Amendment against each other: the guarantee of the free exercise of religion and the Establishment Clause, which requires the separation of church and state.
A broad ruling favouring the church could bolster religious conservatives who favour weakening the wall between church and state, including using taxpayer money to pay for children to attend private religious schools rather than public schools. President Donald Trump's education secretary, Betsy DeVos, is a prominent supporter of such "school choice" plans.
Trinity Lutheran, whose legal effort was spearheaded by the Alliance Defending Freedom conservative Christian activist group, could be headed for a lopsided win, with liberals Kagan and Stephen Breyer joining conservative justices in signaling support.
Missouri's constitution bars "any church, sect or denomination of religion" from receiving state money, language that goes further than the U.S. Constitution's separation of church and state. Breyer questioned whether denying churches access to the playground grant money would be akin to refusing to provide police or fire services. "What's the difference?" Breyer said.
Conservative Justice Samuel Alito said several federal grant programmes are open to religious entities, including one that provides money to enhance security at buildings where there is a risk of terrorist attack. Synagogues, mosques and religious schools have received funding under that programme, according to a brief filed by a Jewish group supporting the church's position.
