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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Senior Counsel Jeremy Dys. In about 90-seconds, three times a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Jul 5, 2017

The Supreme Court rejected status-based discrimination against religious organizations in its recent Trinity Lutheran v. Comer opinion, but not all the justices see eye-to-eye. Learn what the dissenting Justices said by visiting FirstLiberty.org/Briefing.


The Supreme Court rejected status-based discrimination against religious organizations in its recent Trinity Lutheran v. Comer opinion, but not all the justices see eye-to-eye.

As we have discussed, seven justices agreed with Chief Justice Robert’s opinion, making it the majority opinion of the court. Three justices qualified that agreement in concurring opinions. Justice Sotomayor, joined by Justice Ginsburg, penned a lengthy, sometimes heated, dissent, criticizing the majority opinion.

Justice Sotomayor reviews language from Trinity Lutheran’s website, highlighting its clear religious mission. She argues that, even if it’s a playground here, it cannot dislodge the conclusion that a state is funding a religious, rather than a secular, organization. The majority opinion, she maintains, “permits direct subsidies for religious indoctrination . . . [and] favors religious groups” as they compete for public dollars. 

For the dissenting justices, then, allowing a state to fund any organization that has a religious purpose may violate the Constitution. She concludes, “The Court today blinds itself to the outcome this history requires and leads us instead to a place where separation of church and state is a constitutional slogan, not a constitutional commitment.” 

That very well may be, but then again, perhaps that’s not so bad. As the majority opinion made clear, the constitution finds “odious” any notion that religious organizations can be driven from the public square based on nothing more than their religious status.

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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