Liberty Counsel Files Amicus Brief to End Discrimination Against Churches

Apr 22, 2016

WASHINGTON, DC – Liberty Counsel filed an Amicus brief in the U. S. Supreme Court on its own behalf and for the National Hispanic Christian Leadership Conference-CONEL to end discrimination against churches in the case of Trinity Lutheran Church of Columbia v. Pauley. The National Hispanic Christian Leadership Conference-CONEL is America's largest Hispanic Christian evangelical organization representing more than 500,000 churches throughout the world.
 
The case involves Trinity Lutheran Church, which runs a preschool and day care center with a public playground. The Church applied for a state grant that provides for the purchase of recycled tires that will provide a safer and more accessible playground surface for neighborhood and disabled children. Despite placing fifth among 44 applicants, Trinity Lutheran was denied, solely because it is a church.

The government said that it could not provide funds to a church because of a provision in the Missouri Constitution that prohibits state aid to religion, commonly referred to as a Blaine Amendment. The federal court of appeals earlier found in favor of the government.

“Like the carrier of a communicable disease, Trinity Lutheran Church has been excluded from fully participating in society for fear of passing on its ‘contagion,’” said Liberty Counsel Founder and Chairman Mat Staver. “In this case, the ‘contagion’ that threatens to ‘taint’ the community is its status as a church. If the Missouri Constitution were read as broadly as the government reads it now, then it would mean that neither Trinity Lutheran nor any faith-based property owner could receive any publicly funded services, including police and fire protection, water and sewer service, or street and sidewalk maintenance. In fact, such a broad reading would mean that religious-affiliated hospitals could not treat Medicare or Medicaid patients. It is past time to end discrimination against churches and Christian viewpoints,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

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