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122 Penn Statim 14 (2018)

handle is hein.journals/statim122 and id is 1 raw text is: 122 PENN STATE LAW REVIEW PENN STATIM 14 Trinity Lutheran v. Comer: Footnote 3, Gorsuch's Opinion and Scalia's Legacy of a Law of Rules Tobias A. Mattei, MD' April 19, 2018 On June 26, 2017, the U.S Supreme Court announced its decision on Trinity Lutheran Church of Columbia, INC. v. Comer, Director, Missouri Department of Natural Resources.' Briefly summarizing, the case involved a claim by Trinity Lutheran Church regarding a denial of eligibility by the Department of Natural Resources for a Missouri State grant that would enable the installation of rubber-based surfaces made from recycled tires to the playground of the Child Learning Center operated by the Church. According to the plaintiff, such denial constituted a violation of the Free Exercise Clause of the First Amendment. The Supreme Court reversed the United States District Court for the Western District of Missouri as well as the Eighth Circuit ruling to dismiss the case, both of which had strongly based their decision on the precedent established by Locke v. Davey,2 in which the Supreme Court upheld the Washington State decision not to fund degrees in devotional theology as part of a state-sponsored scholarship program. In its final decision, the Supreme Court affirmed that the Missouri Department's policy did violate the rights of Trinity Lutheran under the Free Exercise Clause by denying the Church an otherwise general and publicly available benefit solely on account of its religious status. Justices Kennedy, Alito and Kagan joined Neurosurgeon at Eastern Maine Medical Center, Bangor/ME. 1 Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 US _ (2017). 2 Locke v. Davey, 540 U.S. 712 (2004).

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