playground resurfacing grant

In Trinity Lutheran Church of Columbia, Inc. v. Comer the Supreme Court held 7-2 that Missouri violated Trinity Lutheran Church’s free exercise of religion rights when it refused, on the basis of religion, to award the Church a grant to resurface its playground with recycled tires.

Trinity’s preschool ranked fifth among 44 applicants to receive a grant from Missouri’s Scrap Tire Program. Missouri’s Department of Natural Resources (DNR) informed the preschool it didn’t receive a grant because Missouri’s constitution prohibits public funds from being used “directly or indirectly, in aid of any church, sect, or denomination of religion.” Trinity sued the DNR claiming it violated the Church’s First Amendment free exercise of religion rights.