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Constitutional Law Keyed to Choper
Trinity Lutheran Church of Columbia, Inc. v. Comer
Citation:
137 S. Ct. 2012 (2017)Facts
Trinity Lutheran Church operates the Learning Center, a preschool and daycare center that serves approximately 90 children. In 2012, the Center applied for Missouri’s Scrap Tire Program, which provides grants to nonprofit organizations to purchase playground surfaces made from recycled tires. The program is funded through a fee imposed on new tire sales and aims to reduce the number of tires in landfills. The Center sought to replace its pea gravel playground surface with a safer rubber surface. Despite ranking fifth among 44 applicants based on the program’s neutral criteria, the Center was denied funding solely because it was operated by a church. The Department cited Article I, Section 7 of the Missouri Constitution, which prohibits providing public funds to religious institutions. The Center’s application had disclosed its religious affiliation but emphasized the secular benefits of the project: increased playground safety, ADA compliance, and environmental benefits through tire recycling. The playground is used not only by students but also by children in the community during non-school hours.
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