Who would have thought Justice Gorsuch—the newest and most controversial SCOTUS appointee in some time—would excite his fans and disappoint his enemies in a case involving shredded-tire resurfacing for a Lutheran preschool playground? Monday, the Supreme Court protected a Lutheran preschool, and thus made a huge statement about religious liberty in this country, with a 7-2 decision recognizing the full authority of the First Amendment.
In Trinity Lutheran Church of Columbia, Inc. v. Comer, the case revolved around a program the state of Missouri had created to provide shredded-tire resurfacing on playgrounds located at nonprofit organizations to make the surface safer for kids. Even though Trinity Lutheran preschool met all the state’s criteria for a new playground surface, the state rejected the school from the program because of the Blaine Amendment, an old law designed to block funding to Catholic schools.
