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Trinity Lutheran v. Comer: Does The U.S. Supreme Court Now See Separation of Church and State as a Kind of Religious Discrimination?
Oxford Human Rights Hub (2017)
  • John E Taylor, West Virginia University College of Law
Abstract
The U.S. Supreme Court’s decision in Trinity Lutheran v. Comer seems modest on its facts, but it moves the Court one step closer to a complete reversal of the “separation of church and state,” at least in matters of government funding of religious institutions.  Thirty-five years ago, governments were usually required to exclude religious institutions from government grant programs.  After Trinity Lutheran, we are fast moving toward a world in which governments are required to include religions institutions within any general grant program – even when state constitutions would require a different result.  More strikingly still, the Court now appears willing to treat separationist exclusions of religion from general funding programs as a kind of invidious religious discrimination.
Keywords
  • Seperation of Church and State,
  • Government Grant PRograms,
  • Constitutional Law,
  • Government funding of religious institutions
Publication Date
July 11, 2017
Citation Information
John E Taylor. "Trinity Lutheran v. Comer: Does The U.S. Supreme Court Now See Separation of Church and State as a Kind of Religious Discrimination?" Oxford Human Rights Hub (2017)
Available at: http://works.bepress.com/john-e-taylor/13/