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Judi Lynn

(160,525 posts)
Sat Jan 16, 2016, 02:04 AM Jan 2016

U.S. top court to hear Missouri church's religious rights case

Source: Reuters

U.S. top court to hear Missouri church's religious rights case
Reuters
By Lawrence Hurley
6 hours ago

WASHINGTON (Reuters) - The Supreme Court agreed on Friday to decide a religious rights case from Missouri in which a church contends the state violated the U.S. Constitution by denying it funds for a playground project due to a state ban on aid to religious organizations.

Trinity Lutheran Church in Columbia, Missouri, which operates a daycare center, had wanted funds from a state program that awards grants for resurfacing playgrounds using recycled tires so it could replace its playground's rock surface.

The church's legal argument is that Missouri's action effectively discriminates against religious groups by banning them from a program that is wholly secular.

The church's lawyers said in court papers that Missouri was wrong to deny the church's 2012 application purely because the state constitution states that "no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion."


Read more: http://news.yahoo.com/u-top-court-hear-missouri-churchs-religious-rights-223917958.html

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yeoman6987

(14,449 posts)
1. Does that mean the day care center doesn't have to have inspections?
Sat Jan 16, 2016, 02:29 AM
Jan 2016

Crazy story. I'd think the federal government would want to ensure the playground is safe. I'm sure they'll figure it out.

 

HassleCat

(6,409 posts)
2. I guess it could be secular
Sat Jan 16, 2016, 02:31 AM
Jan 2016

That's what the church says. I guess the daycare center has no religious function, and imposes no religious requirements on its staff, nor on its clients. The Lutherans do stuff that way sometimes.

lark

(23,097 posts)
8. Circular logic by the church.
Sat Jan 16, 2016, 11:46 AM
Jan 2016

They don't have to provide abortion coverage because of their religious beliefs, yet here they are claiming to be secular. BS. They can't have it both ways and hope the government lawyers can make this case successfully. It will be difficult because of Scalia and Alito who grovel before all things that even claim to have religious beliefs.

 

branford

(4,462 posts)
10. Actually, yes, they can have it both ways under certain conditions.
Sat Jan 16, 2016, 12:20 PM
Jan 2016

Whether some people like it or not, religion has special constitutional protections and government normally cannot treat religious organizations any worse (or better) than anyone else.

The church lost primarily due to an old legal precedent of dubious reasoning and potential inapplicability. I would not be surprised if the Church not only prevails before the Supreme Court, but does so with many of the liberal justices voting in its favor.

Festivito

(13,452 posts)
6. The people attending them pay taxes.
Sat Jan 16, 2016, 07:19 AM
Jan 2016

There are exemptions for churches, but, there are some trade-offs to be considered for these exemptions. Yes, though, there are some abuses with these exemptions. But, don't hurt kids because we have not refined our rules well enough.

 

KingCharlemagne

(7,908 posts)
7. The church is a non-profit and as such is exempt from taxes. Its employees, however,
Sat Jan 16, 2016, 10:54 AM
Jan 2016

pay regular income taxes on their salaries and wages.

Put another way, many non-profits receive federal money but pay no taxes. Why should Trinity Lutheran be treated any differently, merely because it has the word "Lutheran" in its name?

jwirr

(39,215 posts)
13. In this case they are providing a secular service to the
Sat Jan 16, 2016, 07:57 PM
Jan 2016

community just like other providers. They are providing a need.

Dont call me Shirley

(10,998 posts)
9. Stop the public funding of any church functions, reinstate tax paying status for churches. They
Sat Jan 16, 2016, 12:06 PM
Jan 2016

have taken rabid advantage of the generosity of the American people. And refer to themselves as businesses. Churches have overstayed their welcome, taken abusive advantage of their not for profit tax status and are stinking like rotting fish.

12. What if the church seeking taxpayer money was a Mosque?
Sat Jan 16, 2016, 04:00 PM
Jan 2016

Would the Lutheran Church be arguing so passionately against the state Constitution if the religion involved wasn't Christian?

Churches want it both ways: they don't want to pay taxes but they want to get money from the government. Every dollar that they don't have to spend on their facilities is a dollar available for other purposes, like pursing their evangelical or political agenda.

There is a solution. Disconnect the preschool from the church, pay taxes on its income and then request the government funds.

If they get these funds, where will it stop? Could they apply for an SBA loan to expand their church facilities? This case isn't limited to just one playground. They are just using the "we're doing it for the kids" (also known as the Jerry Lewis Argument) to try to circumvent the law.

Nowhere in the Bible does it say, "Thou shall get something for nothing," or "It is a blessing to suck at the government teat while others are taxed and thou aren't." At least I don't think it does...

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