17 April 2017

ACLU has a strong Brief of Amici Curiae in Trinity Lutheran

Of course, the ACLU would come out guns a blazin'! [PDF] I get their perspective, it's well-grounded in the history and intent of the Founders, and well argued. But here's the thing: while Blaine amendments are Constitutional (IMO), I don't think that religious organizations should be excluded from receiving public funds if the process by which the funds are distributed are non-discriminatory and the use of the funds are for non-religious purposes (e.g., if secular or people of other religions would be doing the same thing (e.g., swinging on swings)) should be proscribed by what has been written into the Constitution. Trinity Lutheran needs to get bounced because Missouri's Blaine amendments are Constitutional, not because Trinity Lutheran's receipt of funds is contra the US Constitution as written.

PS Editors are a good thing...

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