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Supreme Court appears ready to break down a church-state barrier in certain circumstances
LA Times ^ | 19 April 2017 | David G. Savage

Posted on 04/21/2017 5:49:39 AM PDT by blueplum

The Supreme Court on Wednesday appeared ready to break down at least part of the longstanding church-state barrier that has prevented religious schools from receiving public funds.

The justices gave a skeptical hearing to a Missouri lawyer who was defending the state’s decision to reject a grant request from a Lutheran preschool seeking to participate in a state program that provides money to schools to rubberize the surface of their playgrounds.

Missouri’s constitution, like those in at least 36 other states, bars sending tax money to churches and church schools.

But most of the justices signaled they will rule for the church on the grounds that the refusal ...

(Excerpt) Read more at latimes.com ...


TOPICS: Current Events; General Discusssion; Religion & Politics
KEYWORDS: churchschools; missouri; supremecourt
Supremes common sense
1 posted on 04/21/2017 5:49:39 AM PDT by blueplum
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To: blueplum

Nothing in the constitution suggests that religious schools should be punished for their faith. A strict reading of these state “separation” requirements would mean that the fire department could not respond to a fire at a religious school.


2 posted on 04/21/2017 5:53:48 AM PDT by circlecity
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To: circlecity

I’ve heard that it was an antiCatholic Klansman on the court who was behind the decision to block Catholic schools from using city school buses.


3 posted on 04/21/2017 6:18:21 AM PDT by a fool in paradise (patriots win, Communists and Socialist Just-Us Warriors lose)
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To: circlecity

Yet the employers and customers is the schools are assessed the same taxes as everyone else.


4 posted on 04/21/2017 6:29:05 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: blueplum
Supreme Court appears ready to break down a church-state barrier in certain circumstances
Jefferson's Letter to the Danbury Baptists The Final Letter, as Sent To messers. Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen

The affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful and zealous pursuit of the interests of my constituents, & in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.

Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State. Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties.

I reciprocate your kind prayers for the protection & blessing of the common father and creator of man, and tender you for yourselves & your religious association, assurances of my high respect & esteem.

Th Jefferson

Jan. 1. 1802.

. . . and that is the ONLY reference in the founding era to a “wall of separation” between church and state. The First Amendment is the only real reference upon which to judge public policy.
Amendment 1:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
For a state to pave playgrounds of religious and secular schools on a non-discriminatory basis is far from being an an “establishment” of religion. Discriminating against church schools is far more like “prohibiting free exercise” than it is like “establishing” religion.

5 posted on 04/21/2017 7:16:33 AM PDT by conservatism_IS_compassion (The idea around which ‘liberalism’ coheres is that NOTHING ACTUALLY MATTERS except PR.)
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To: blueplum

Religious schools should NOT take Federal money... for their own sake.

You take their money, you come under their scrutiny.


6 posted on 04/21/2017 7:20:50 AM PDT by Baldwin77 (They hated Reagan too ! TRUMP TOUGH - AMERICA STRONG)
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To: Baldwin77

I agree that they should avoid taking federal $$, but it would appear that religious schools are coming under gov scrutiny regardless of whether they take funding or not.


7 posted on 04/21/2017 8:31:24 AM PDT by Wyrd bið ful aræd (Flag burners can go screw -- I'm mighty PROUD of that ragged old flag)
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To: circlecity; blueplum; All

>
Nothing in the constitution suggests that religious schools should be punished for their faith. A strict reading of these state “separation” requirements would mean that the fire department could not respond to a fire at a religious school.
>

Logic? You’re looking for LOGIC? /s

Least police/fire/etc., while still a *service*, are for use by the community as a whole.

The service of schools are used, albeit temporarily, by those w/ children. One cannot use otherwise.

A strict reading of the 5th and 13th should make ‘FREE\public’ schools null/void; they should be paid by those whom use them.


8 posted on 04/21/2017 9:17:58 AM PDT by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: i_robot73

They have been used by all or available to all. “No kids” wouldn’t be an effective argument because the judge would simply ask if they had been available to the person with no kids, and then ask if they believed their taxation rate + their parents’ entirely the current value of the education they had received.


9 posted on 04/21/2017 10:23:45 AM PDT by xzins (Retired US Army chaplain. Those who truly support our troops pray for their victory.)
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To: blueplum

There is no church/state barrier in the Constitution.

The Constitution doesn’t give us our rights, it restricts the government from violating them.

It’s not to control us, it’s to control the government.


10 posted on 04/21/2017 2:33:50 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: a fool in paradise

And what does that have to do with the thread?

Are you just trying to stir up more issues on the RF with your *anti-Catholic* comment?

Cause that issue was irrelevant to the thread and hence unnecessary.


11 posted on 04/21/2017 2:35:36 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: Baldwin77

There shouldn’t be federal money for any education.

Public schools should be in the hands of the local community and the market will determine the quality of the education the kids receive.

If the parents demand it, it will happen and that’s what happens when the local school board answers to the community.


12 posted on 04/21/2017 2:37:18 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: i_robot73
The service of schools are used, albeit temporarily, by those w/ children. One cannot use otherwise.

Actually, there are schools whose facilities are used by the community in them.

Some schools have their weight room open for public use after school hours.

And the athletic fields are used by town leagues and ordinary citizens whose tax dollars have funded the school.

13 posted on 04/21/2017 2:40:02 PM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: metmom

I’m not anti catholic, I pointed out that one of the gods in black dresses was an anti catholic bigot and that the decision that opened the door to all of this separation nonsense should be reexamined.


14 posted on 04/21/2017 3:42:33 PM PDT by a fool in paradise (patriots win, Communists and Socialist Just-Us Warriors lose)
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To: conservatism_IS_compassion

For those of you who don’t think are founders were Christians. This is from the original Missouri Constitution in 1820. It is also a parallel to Jefferson’s letter.

4. That all men have a natural and indefeasible right to worship Almighty God according to
the dictates of their own consciences; that no man can be compelled to erect, support, or
attend any place of worship, or to maintain any minister of the gospel, or teacher of
religion; that no human authority can control or interfere with the rights of conscience; that
no person can ever be hurt, molested, or restrained in his religious profession or
sentiments, if he do not disturb others in their religious worship.
5. That no person, on account of his religious opinions, can be rendered ineligible to any
office of trust or profit under this state; that no preference can ever be given by law to any
sect or mode of worship; and that no religious corporation can ever be established in this
state.

I cannot find that in the present Constitution. It would be interesting to know what year and/or revision took it out. BVB


15 posted on 04/21/2017 6:38:47 PM PDT by Bobsvainbabblings
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To: blueplum
the longstanding church-state barrier

That exists nowhere in Founding documents and actually is the opposite of Jefferson's famous Danbury Baptists letter.
16 posted on 04/21/2017 6:41:46 PM PDT by Vision (Evil is powerless if the good are unafraid - Reagan)
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