September 2017 - Parks & Recreation - 35

viduals to practice their religion free of governmental interference. While the Establishment Clause ensures the separation of
church and state, the Free Exercise Clause prohibits the government from discriminating against the religious status of a group
or individual.
The Establishment Clause precludes excessive governmental
" entanglement " with religion, prohibiting governmental sponsorship or showing any preference or favoritism to a particular
religious view. In contrast, the Free Exercise Clause precludes
governmental interference with the ability of groups and individuals to adhere to their religious beliefs, prohibiting governmental action that effectively disqualifies or penalizes individuals and groups based on their religious status.
Religious Identity Discrimination
In the case of Trinity Lutheran Church of Columbia, Inc. v. Comer,
582 U.S. ___ (2017), 2017 U.S. LEXIS 4061 (U.S. 6/26/2017),
the Supreme Court of the United States recognized that the
denial of eligibility for a state grant to provide surfacing for a
church playground might seem of little consequence, resulting
" in all likelihood, a few extra scraped knees. " The Supreme
Court, however, found the legal consequence to be much more
significant within the context of the scope and applicability of
the Free Exercise Clause in the First Amendment.
As described by the Supreme Court, the Free Exercise
Clause " protects religious observers against unequal treatment
and subjects, to the strictest scrutiny, laws that target the religious for special disabilities based on their religious status. "
Accordingly, absent a " state interest of the highest order, " the
Court acknowledged that it would impose an unconstitutional
penalty on the free exercise of religion for the government to
deny " a generally available benefit solely on account of religious identity. "
Facts of the Case
The Missouri Department of Natural Resources offers state
grants to help public and private schools, nonprofit daycare centers, and other nonprofit entities purchase rubber playground
surfaces made from recycled tires. Trinity Lutheran Church applied for such a grant for its preschool and daycare center and
would have received one, but for the fact that Trinity Lutheran is a church. The department had a policy of categorically
disqualifying churches and other religious organizations from
receiving grants under its playground-resurfacing program.
The Trinity Lutheran Church Child Learning Center is a preschool and daycare center that's open throughout the year to
serve working families in Boone County, Missouri, and the surrounding area. Established as a nonprofit organization in 1980,

Several jurisdictions have programs
promoting the use of recycled tires to
provide scrap tire chips as ground cover
and scrap tire matting in the safety
surface material for playgrounds.
the center merged with Trinity Lutheran Church in 1985 and
operates under its auspices on church property. The center admits students of any religion, and enrollment stands at about 90
children ranging from ages 2 to 5.
The center includes a playground that is equipped with the
basic playground essentials: slides, swings, jungle gyms, monkey bars and sandboxes. Almost the entire surface beneath and
surrounding the play equipment is coarse pea gravel. Youngsters, of course, often fall on the playground or tumble from the
equipment. And when they do, the gravel can be unforgiving.
In 2012, the center sought to replace a large portion of the

Free art programs
for all ages
- Youth Drawing
- Adult Coloring
- Senior Photo Illustration
To learn more visit
iii.global/tracing-memories

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Parks & Recreation

September 2017 - Parks & Recreation

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