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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 7, 2017

The vote in Trinity Lutheran was 7-2, meaning, seven justices agreed that the opinion written by Chief Justice Roberts accurately represents the law, while two disagree. Learn what their opinions mean for religious liberty by visiting FirstLiberty.org/Briefing.


Before moving on to other topics, I wanted to point out something that may have slipped past your attention in evaluating the Trinity Lutheran decision: the numbers. Specifically, the numbers 9, 7, 2, and 3.

There are nine members of the Supreme Court of the United States. Sometimes they are divided by ideology: liberal, conservative, or moderate. But, at the end of the day, each member of the court gets one vote.

The vote in Trinity Lutheran was 7-2, meaning, seven justices agreed that the opinion written by Chief Justice Roberts accurately represents the law, while two disagree. If we break those numbers down, we see that joining Chief Justice Roberts were Justices Breyer, Kennedy, Thomas, Alito, Kagan, and Gorsuch. Two justices dissented: Justice Sotomayor and Justice Ginsburg.

There were also three concurring opinions. Justice Thomas notes that he agrees with the court’s analysis, but disagrees with one of the cases used to support the conclusion of the court. Justice Gorsuch wrote to explain that the majority makes an unnecessary distinction between religious status and use. Justice Breyer uses his concurrence to suggest that “Public benefits come in many shapes and sizes,” so perhaps the majority opinion shouldn’t be limited just to playgrounds. 

But, the numbers don’t lie: seven justices agree that the state may, in some fashion, provide funds to religious organizations without violating the constitution.

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

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