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Sotomayor Sees ‘Radical Mistake’ in Letting Churches Compete for Playground Grants
cnsnews.com ^ | 6/26/17 | Terence P. Jeffrey

Posted on 06/26/2017 12:57:29 PM PDT by ColdOne

Justice Ruth Bader Ginsburg was the only justice to join Sotomayor in dissenting from the majority’s opinion in Trinity Lutheran Church of Columbia v. Comer.

Writing for the court, Chief Justice John Roberts, joined in full by liberal Justice Elena Kagan, concluded that a state government could not categorically deny churches that have playgrounds from competing with other institutions in the state grant program.

“The Free Exercise Clause ‘protects religious observers against unequal treatment’ and subjects to the strictest scrutiny laws that target the religious for ‘special disabilities’ based on their religious status,” wrote Roberts. “Applying that basic principle, this court has repeatedly confirmed that denying a generally available benefit solely on account of religious identity imposes a penalty on the free exercise of religion that can be justified only by a state interest ‘of the highest order.’”

The grant program in question was run by the Missouri Department of Natural Resources. It argued that it was acting under a provision of the Missouri state constitution that prohibits any state money from going to any church, period.

That provision says:

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


TOPICS: Culture/Society; News/Current Events
KEYWORDS: churches; playgrounds; scotus
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To: ColdOne

The wise Latina.


21 posted on 06/26/2017 1:37:38 PM PDT by Rusty0604
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To: Sacajaweau; ColdOne
The 13 original states wrote up their constitutions prior to the Federal Constitution and the inclusion the Bill of Rights.

Missouri was not one of the original 13.

Regardless of whether Missouri was one of the original 13 states, the Constitution makes all states equal. Also, the 14th amendment requires all state laws and constitutions to comply with federal standards for civil rights enumerated in the US Constitution. Even thought the US Constitution bill of rights only applied to how the federal government treats citizens, the 14th amendment applies those and subsequent standards to the states.

22 posted on 06/26/2017 1:38:04 PM PDT by Paleo Conservative (Just because you're paranoid doesn't mean they're not really out to get you.)
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To: Fantasywriter

That could be either a sign of her developing into somewhat of a non-crazed dimwit, or it could be a warning that we may soon hear of a “hunting accident” involving Justice Scalia.


23 posted on 06/26/2017 1:38:18 PM PDT by Newtoidaho (Proud member of Trump's army of online trolls.)
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To: ColdOne

I would be willing to bet that upon close examination we would find that government funds for this purpose have gone to muslim madrassas and schools closely tied to mosques without a wimper from the government.


24 posted on 06/26/2017 1:41:34 PM PDT by Vlad The Inhaler (Best Long Term Prepper Tactic: Beat The Muslim Demographic Tsnami - Have Big Families)
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To: ColdOne

Church schools you idiot!


25 posted on 06/26/2017 1:42:00 PM PDT by Rebelbase (Climate Change: The Imminent Crisis That Never Arrives and the gravy train that never ends.)
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To: laweeks

“She’s a radical mistake. No experience, a racist, and an Obambi appointee. How sad that she’ll be there for years.”


I respectfully disagree with it being sad. Who better to represent the minority opinion for years to come?

She’s the Pelosi of the SCOTUS. We should hope she stays put to represent the other side as long as possible.


26 posted on 06/26/2017 1:45:16 PM PDT by ConservativeWarrior (Fall down 7 times, stand up 8. - Japanese proverb)
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To: ColdOne

WOW!

So it was a 7-2 decision?
With the “Wise Latina” once again showing her lack of wisdom...


27 posted on 06/26/2017 1:46:13 PM PDT by Redbob (W.W.J.B.D. - What Would Jack Bauer Do?)
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To: Vlad The Inhaler

Yep.


28 posted on 06/26/2017 1:48:26 PM PDT by ColdOne ((I miss my poochie... Tasha 2000~3/14/11~ Best Election Ever! “Laughing my #Ossoff)
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To: IndispensableDestiny
Try the Avalon Project. It has the dates of all the State Constitutions.

The 13 states were TOLD to write up their Constitutions prior to the Federal Constitution. There are many supporting articles available.

29 posted on 06/26/2017 1:49:13 PM PDT by Sacajaweau
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To: Paleo Conservative

The radical mistake was not holding to the Constitution and not allowing the Kenyanesian Usurper into office.
He told us his foreign national father made him a British subject at birth.

NOT A NATURAL BORN CITIZEN!


30 posted on 06/26/2017 1:54:52 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents - Know Islam, No Peace -No Islam, Know Peace)
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To: Newtoidaho

Kagan wasn’t in the vicinity when Scalia met his strange and sudden demise.


31 posted on 06/26/2017 1:57:54 PM PDT by Fantasywriter (Any attempt to do forensic wotk using Inernet artifacts is fraught with pitfalls. JoeProbono)
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To: ColdOne

Well she is a bit of a donkey’s left gonad, so there is that to account for her dissent.


32 posted on 06/26/2017 2:04:47 PM PDT by lastchance (Credo.)
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To: ColdOne

Of course. Only surprise is that Kegan didn’t join them


33 posted on 06/26/2017 2:16:10 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: ColdOne

These three words still send a chill up my spine, even though they are now impossible:

President Hillary Clinton


34 posted on 06/26/2017 2:18:16 PM PDT by samtheman (FAIL = FAIL Always Involves Liberalism)
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To: ColdOne
The Notorious R.B.G. and the Wise Latina are of a dying breed on the Supreme Court regarding the Religion Clauses: separationists. When it comes to the Religion Clauses of the 1st Amendment there is the separation view and the neutrality view.

The separation view holds that government and religion should not interact each other. For the government to give a benefit to a religious institution is to violate the Establishment Clause.

The neutrality view holds that as long the government treats religious institutions the same as other institutions, there is no violation of the Establishment or Free Exercise Clauses.

The Supreme Court favored the separation view during the 1970s and early 1980s. Before and after then the Supreme Court has favored the neutrality view.

Ginsburg and Sotomayor are throwbacks when it comes to the Religion Clauses. Fortunately, they are greatly outnumbered.

35 posted on 06/26/2017 2:41:18 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: ColdOne

Who woke her up?


36 posted on 06/26/2017 3:02:32 PM PDT by beethovenfan (I always try to maximize my carbon footprint.)
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To: ColdOne

‘I’m particulary glad that these lovely children were here today to hear that speech. Not only was it authentic Puerto Rican liberal gibberish, it expressed a idiocy little seen in this day and age.’ - Olson Johnson


37 posted on 06/26/2017 3:18:39 PM PDT by BBB333 (The Power Of Trump Compels You!)
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To: vette6387
This piece of Hispanic crap needs to be deported back to whatever $hit hole country spawned either her or her parents.

Puerto Rico is a territory of the United States. All Puerto Ricans are U.S. citizens, and have been since 1914.

38 posted on 06/26/2017 3:47:13 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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Comment #39 Removed by Moderator

Comment #40 Removed by Moderator


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