DAVID ROSMAN: Supreme Court must uphold the First Amendment – Columbia Missourian
It is Easter Sunday, and I cannot sit here on this most holy of Christian holidays without talking about the separation of church and state. More specifically, the upcoming U.S. Supreme Court case Trinity Lutheran Church of Columbia v. Comer and actions taken by our governor in an attempt to sway the court in favor of Trinity Lutheran.
For those of you unfamiliar with the case, here is the short summary: The Missouri Department of Natural Resources has a program that provides chopped-up used tire rubber to non-profits to help make playgrounds safer for the kids through a grant process. In 2012 Trinity Lutheran Church preschool made application for such a grant, and though "qualified," were denied based on Missouri constitutional law.
"That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship."
Trinity Lutheran is suing on First Amendment grounds. The guiding principle of the First Amendment's Establishment Clause has been made clear in case law and in the writings of those who helped draft the First Amendment to our Constitution that every person has the right to worship the way they feel is correct and the state will not interfere or support any established religion.
According to Americans United for the Separation of Church and State, "While the preschool has an open admissions policy, it functions as a self-described 'ministry of Trinity Lutheran Church.'" The DNR believed that because Trinity Lutheran is a religious institution and they expound religious teachings as part of the daily instruction at the preschool, allowing the grant would be in violation of Article 1,Section 7.
Trinity Lutheran's position was that the position taken by the DNR is in violation of the First Amendment of the U.S. Constitution more specifically, the Establishment Clause. They enlisted the Alliance Defending Freedom, a religious right-wing legal counsel, to represent them in this case.
The alliance claims that 14 other Missouri 501(c)(3) non-profits were awarded the grant for their playgrounds and that Trinity Lutheran, also a 501(c)(3) non-profit institution and otherwise qualified for the grant, was unfairly excluded from the program.
The executive director of the American Civil Liberties Union of Missouri, Jeffrey Mittman,said of the case: "Its about settled constitutional law that protects individuals rights to practice their religion from government interference and ensures that tax payers are not forced to support any specific religion or religion over non religion."
Two federal courts have already ruled against the church. This week the case will be heard by the U.S. Supreme Court, including the newly confirmed Associate Justice Neil Gorsuch. It will be his first test as a justice to see if he will follow longstanding precedent established by the court or arrive at some other position.
We know that he sided with the religious institutions in two other high profile cases: Hobby Lobby v. Sebelius and Little Sisters of the Poor v. Burwell.
Here's the rub. Last week, Missouri Gov. Eric Greitens issued a directive that allowed "religious organizations to apply for state Department of Natural Resources grants," and in turn the DNR is to consider such applications without prejudice. This appears to be an attempt to circumvent the state's long-established constitutional position and the First Amendment. In other words, it's an attempt to influence the court in its deliberations.
Former Missouri Supreme Court Justice Mike Wolff believes it does. He told St. Louis Public Radio that because of Greitens' directive, the court may have nothing to decide, seeing that the position of the state has been reversed.
Nothing can be further from the truth. The governor cannot change the state Constitution simply with a wave of his pen.
This is not a question of anti-Christian sentiment. I am sure that the DNR would have come to the same conclusion if the application came from a Muslim or Jewish preschool that includes the teaching of religious principles as part of the curriculum.
This is a question of state constitutional law concerning an amendment that is clear and direct: There is to be no action by the state to financially support a religious institution.
Original post:
DAVID ROSMAN: Supreme Court must uphold the First Amendment - Columbia Missourian
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action Part 2 - Reason - March 3rd, 2025 [March 3rd, 2025]
- Inside Israel's Plan To Resume the War and 'Eradicate Hamas.' Plus, Trump's Press Pool Takeover Is Not an Assault on the First Amendment. - Washington... - March 3rd, 2025 [March 3rd, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action - Reason - March 3rd, 2025 [March 3rd, 2025]
- OPINION: Attacking the First Amendment and America's free press - Midland Daily News - March 3rd, 2025 [March 3rd, 2025]
- Press pool takeover drowns First Amendment - Freedom of the Press Foundation - March 3rd, 2025 [March 3rd, 2025]
- First Amendment Victory! Wyoming Airport Agrees to Settlement After Rejecting PETA Ad - PETA - March 3rd, 2025 [March 3rd, 2025]
- Our View: Theres nothing murky about the First Amendment - Palestine Herald Press - March 3rd, 2025 [March 3rd, 2025]
- Ohio Universitys complicated history with the First Amendment and student expression - The New Political - March 3rd, 2025 [March 3rd, 2025]
- A free press makes a country free The First Amendment protects the liberty of all - Hawaii Tribune-Herald - March 3rd, 2025 [March 3rd, 2025]
- Whats the First Amendment Got to Do With It? The White Houses Associated Press Ban - Law.com - March 3rd, 2025 [March 3rd, 2025]
- Opinion | The First Amendment Isnt on Trumps Side - The Wall Street Journal - March 3rd, 2025 [March 3rd, 2025]
- Trump Tries To Carve Out a First Amendment Exception for 'Fake News' - Reason - March 3rd, 2025 [March 3rd, 2025]
- MTHS receives its 15th First Amendment Press Freedom Award - MLT News - March 3rd, 2025 [March 3rd, 2025]
- The White House takeover of the press pool is a brazen attack on the First Amendment - MSNBC - March 3rd, 2025 [March 3rd, 2025]
- Donald Trump violated the First Amendment when he barred The Associated Press from the White House - The Observer - March 3rd, 2025 [March 3rd, 2025]
- D.C.'s U.S. Attorney Is a Menace to the First Amendment - Reason - March 3rd, 2025 [March 3rd, 2025]
- Ominous Move to Strip Americans of First Amendment Rights - DCReport - March 3rd, 2025 [March 3rd, 2025]
- Editorial New York Daily News: A free press makes a country free The First Amendment protects the liberty of all - The Daily News Online - March 3rd, 2025 [March 3rd, 2025]
- Narrow Applicability Is Not the Same As Narrow Tailoring: Applying the First Amendment in First Choice Womens Resource Centers v. Platkin - The... - February 27th, 2025 [February 27th, 2025]
- More to Every Story: First Amendment rights and public events - KREM.com - February 27th, 2025 [February 27th, 2025]
- Trumps lawsuit barred by the First Amendment, pollsters team argues - The Washington Post - February 27th, 2025 [February 27th, 2025]
- Judge orders local newspaper to remove editorial; owner says this violates First Amendment rights - WLBT - February 27th, 2025 [February 27th, 2025]
- AP sues Trump officials over Oval Office ban, citing First Amendment - Axios - February 27th, 2025 [February 27th, 2025]
- A free press makes a country free: The First Amendment protects the liberty of all - New York Daily News - February 27th, 2025 [February 27th, 2025]
- Ilya Shapiro is back . . . with a new book First Amendment News 458 - Foundation for Individual Rights and Expression - February 20th, 2025 [February 20th, 2025]
- People exercising their First Amendment rights aren't 'wreckers' | Letters - South Bend Tribune - February 20th, 2025 [February 20th, 2025]
- Trump bans AP and words he doesn't like. 'Free speech' was never about First Amendment. | Opinion - USA TODAY - February 20th, 2025 [February 20th, 2025]
- Silenced: The Joby Weeks Case and the Erosion of First Amendment Rights - NewsBreak - February 20th, 2025 [February 20th, 2025]
- White House barring AP from press events violates the First Amendment - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- A New Hampshire town and a bakery owner are headed for trial in a First Amendment dispute - The Associated Press - February 16th, 2025 [February 16th, 2025]
- New Hampshire town and bakery take their 'First Amendment' legal battle over colossal pastry mural to trial - New York Post - February 16th, 2025 [February 16th, 2025]
- A.P. Accuses White House of Violating First Amendment - The New York Times - February 16th, 2025 [February 16th, 2025]
- First Amendment law legend: Fight back - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
- First Amendment in Trump's second term: 'We're going to be busy,' free speech group says - Tallahassee Democrat - February 16th, 2025 [February 16th, 2025]
- Expression Over Radio Waves Is Not Exempt from the First Amendment - The Federalist Society - February 16th, 2025 [February 16th, 2025]
- Iowa lawmakers try again to pass anti-SLAPP bill expediting First Amendment cases - Iowa Capital Dispatch - February 16th, 2025 [February 16th, 2025]
- Three Senators Blast FCC for 'Weaponizing its Authority,' Cite First Amendment Concerns - Adweek - February 16th, 2025 [February 16th, 2025]
- The AP says Trump blocking its reporter from Oval Office over not using Gulf of America "violates the First Amendment" - CBS News - February 16th, 2025 [February 16th, 2025]
- Wave of state-level AI bills raise First Amendment problems - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- Legendary First Amendment lawyer begs press to fight Trumps attacks - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
- Timothy Zicks Executive Watch: Introduction First Amendment News 457 - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- Trump accused of violating First Amendment after AP reporter barred from event over Gulf of America renaming - The Independent - February 16th, 2025 [February 16th, 2025]
- Editorial: Trump goes to war on the First Amendment - Detroit News - February 16th, 2025 [February 16th, 2025]
- Voices are meant to be heard: the First Amendment and you - Northern Iowan - February 16th, 2025 [February 16th, 2025]
- CBS News Lesley Stahl to be honored at First Amendment Awards - Editor And Publisher Magazine - February 16th, 2025 [February 16th, 2025]
- The AP says Trump blocking its reporter from Oval Office over not using Gulf of America violates the First Amendment - KWTX - February 16th, 2025 [February 16th, 2025]
- Trump takes another dump on the First Amendment - Daily Kos - February 16th, 2025 [February 16th, 2025]
- Spreading the news and defending the First Amendment since August 1787 - Lexington Herald Leader - February 16th, 2025 [February 16th, 2025]
- Publishing Pro-Hamas Propaganda Is Protected by First Amendment - Reason - February 7th, 2025 [February 7th, 2025]
- "Title VI Must Be Applied Consistent with First Amendment Principles" - Reason - February 7th, 2025 [February 7th, 2025]
- Coming soon: Executive Watch Tracking the Trump Administrations free speech record First Amendment News 456 - Foundation for Individual Rights and... - February 7th, 2025 [February 7th, 2025]
- Q&A: Professor emphasizes the impact the TikTok ban could have on the First Amendment - Elon News Network - February 7th, 2025 [February 7th, 2025]
- First Amendment Audit of ELPD Draws Widespread Attention Online - East Lansing Info - February 7th, 2025 [February 7th, 2025]
- Groups demand U.S. attorney for D.C. respect First Amendment - Freedom of the Press Foundation - February 7th, 2025 [February 7th, 2025]
- Maryland age assurance lawsuit shows NetChoice digging in on First Amendment - Biometric Update - February 7th, 2025 [February 7th, 2025]
- What does the first amendment protect during public comment? - Spectrum News 1 - February 7th, 2025 [February 7th, 2025]
- FOX News Trey Yingst to be honored at First Amendment Awards - Editor And Publisher Magazine - February 7th, 2025 [February 7th, 2025]
- NetChoice sues to block Marylands Kids Code, saying it violates the First Amendment - The Verge - February 7th, 2025 [February 7th, 2025]
- Stevens: Oklahoma tests First Amendment in move to fund Catholic charter school - The Post and Courier - February 7th, 2025 [February 7th, 2025]
- OPINION: Keeping the First Amendment on Facebook - Lebanon Reporter - February 7th, 2025 [February 7th, 2025]
- RFK Jr. wants to ban pharma ads on TV. The First Amendment may have something to say. - MSNBC - February 1st, 2025 [February 1st, 2025]
- Standing Up for the First Amendment: The Roundtable Submits Comment Letter Opposing Amicus Brief Disclosure Requirements - Philanthropy Roundtable - February 1st, 2025 [February 1st, 2025]
- Trial begins in First Amendment suit against St. John the Baptist Parish - The Lens NOLA - February 1st, 2025 [February 1st, 2025]
- RCFP reviews Pam Bondis record on newsgathering, First Amendment issues - Reporters Committee for Freedom of the Press - February 1st, 2025 [February 1st, 2025]
- Texas county challenges First Amendment ruling on library book bans in 5th Circuit hearing - Yahoo! Voices - February 1st, 2025 [February 1st, 2025]
- Trump "Global Gag Rule" as to Abortion Likely Doesn't Violate the First Amendment - Reason - February 1st, 2025 [February 1st, 2025]
- It was a violation of our First Amendment rights: FIU students react to the TikTok ban - PantherNOW - February 1st, 2025 [February 1st, 2025]
- CWRU First Amendment clinic receives crucial grant from the Stanton Foundation - Crain's Cleveland Business - February 1st, 2025 [February 1st, 2025]
- Matt Gaetz says the First Amendment was "harmed gravely" by January 6 prosecutions - Media Matters for America - January 26th, 2025 [January 26th, 2025]
- New FCC Chair Revives Complaints About ABC, CBS And NBC Content That His Predecessor Rejected As "At Odds With The First Amendment" -... - January 26th, 2025 [January 26th, 2025]
- Trumps stated promise: Stop all government censorship and his free speech Executive Order First Amendment News 454 - Foundation for Individual Rights... - January 26th, 2025 [January 26th, 2025]
- We Must Protect The First Amendment At All Costs vs. No Thanks, Ill Just Take My Freedoms For Granted Until They Disappear - The Onion - January 26th, 2025 [January 26th, 2025]
- TikTok and the First Amendment Robert G. Natelson - Law & Liberty - January 26th, 2025 [January 26th, 2025]
- De Pere man sued city of Green Bay for violating his First Amendment rights. The city settled. - Green Bay Press Gazette - January 26th, 2025 [January 26th, 2025]
- UChicago Student Sues University, Alleging First Amendment and Tenant Rights Violations - The Chicago Maroon - January 26th, 2025 [January 26th, 2025]
- Dr. Rand Paul Introduces Free Speech Protection Act to Safeguard Americans First Amendment Rights Against Government Censorship - Senator Rand Paul - January 26th, 2025 [January 26th, 2025]
- Capistrano School District Accused of Trampling First Amendment Rights of Student - California Globe - January 26th, 2025 [January 26th, 2025]
- Jerry Zahorchak | Keeping the First Amendment on Facebook | Columns | tribdem.com - TribDem.com - January 26th, 2025 [January 26th, 2025]
- 2 blockbuster cases about the First Amendment and online speech - The Hill - January 26th, 2025 [January 26th, 2025]
- The First Amendment is First for a Reason - The Wilson Quarterly - January 26th, 2025 [January 26th, 2025]