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Supreme Court rules for Missouri church in playground case, allowing funds for non-religious needs

Posted at 9:30 AM, Jun 26, 2017
and last updated 2017-06-26 19:14:31-04

The Supreme Court has ruled that churches have the same right as other charitable groups to seek state money for new playground surfaces and other non-religious needs.

The justices on Monday ruled 7-2 in favor of Trinity Lutheran Church of Columbia, Missouri. The church sought a grant to put a soft surface on its preschool playground, but was denied any money even though its application was ranked fifth out of 44 submissions.

Chief Justice John Roberts said for the court that it "is odious to our Constitution" to exclude the church from the grant program. Roberts said that's true even though the consequences are only "a few extra scraped knees."

In Kansas City, the ruling will have a positive impact on local Catholic schools. One catholic school is already planning to apply for the state funding, and the principal said she hopes this is just the beginning. 

“About every 18 months to two years we have to purchase mulch and lay it down on the playground to resurface it,” said Ann Lachowitzer, the principal at St. Charles Borromeo Academy in Kansas City.

But next year, she will apply for a state grant to receive a safer, more permanent surface. A grant that before today, the school would have been excluded from receiving.

“In the past, moving to that poured surface would’ve been astronomically priced. It would’ve been out of price range,” said Lachowitzer.

It’s the same grant Trinity Lutheran School in Columbia, Missouri applied for a few years ago. Trinity Lutheran was denied the grant because of the school’s religious affiliation. But now, religious institutions may not be excluded from state programs with secular intent, which in this case is making a playground safer.

“As you look at our playground, it’s something we’ll be able to consider in the future,” said Lachowitzer.

Pat Burbach, the associate superintendent of catholic schools, says this is more than just a battle over ground cover.

“It’s just for the good of the kids and all of Missouri cares about the good of the kids,” said Burbach.

Some may think this court ruling is a slippery slope to mixing church and government, but one expert says he doesn’t see it that way.

“As long as the programs are neutral and trying to do things like serving the common good, I think religious organizations have a really strong case to make,” said Dr. Michael McShane of the Show-Me Institute.

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