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In Major Decision US Supreme Court Allows Some State Funding of Religion

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  • Justice Sotomayor Blasts Majority Opinion Written by Chief Justice Roberts
  • Justice Roberts Wrongly Says All That Banning State Funding of Church Facility Achieves Is “A Few Extra Scraped Knees”
  • Reduces Church and State Separation

The U.S. Supreme Court Monday morning ruled 7-2 that the government cannot ban a religious organization from receiving taxpayer funds for programs that supposedly do not have religious intent. The case involves a Missouri church that was denied funds from a state program that gives funds for schools who resurface playgrounds with materials made from recycled tires or tire scraps.

In what some see as turning separation of church and state on its head, the court ruled that because an organization is based in religion, the government cannot discriminate against it by denying it funds for projects or programs that are not religious in nature.

Sure, there is a public good in playgrounds for school children being safe, and the Missouri program presumably reaches that goal. But the church, Trinity Lutheran, or any religious institution that apparently is now able to use taxpayer dollars for “non-religious” programs easily could use that same playground to teach children the Bible says homosexuality is an abomination and gay people should be put to death. 

NBC News Justice Correspondent Pete Williams makes the Court’s ruling clear.

“The U.S. Supreme Court reduced the wall of separation between church and state Monday in one of the most important rulings on religious rights in decades,” Williams reports. “The decision could doom provisions in 39 states that prohibit spending tax dollars to support churches. The states defended the limits as necessary to keep the government from meddling in religious affairs.”

An anti-gay hate group, Alliance Defending Freedom, argued the case on behalf of the church. The case is Trinity Lutheran Church of Columbia v. Comer.

Chief Justice John Roberts authored the majority opinion.

“The exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution . . . and cannot stand.”

ADF attorney David Cortman “argued that the government should be neutral toward religion,” Williams notes. “Blocking the church from a widely available public program, he said, ‘imposes special burdens on non-profit organizations with a religious identity’ and amounted to hostility toward religion.”

But Missouri had claimed that its constitutional provision did nothing to interfere with a church’s religious activities. James Layton, the state’s former solicitor general, said Trinity Lutheran “remains free, without any public subsidy, to worship, teach, pray, and practice any other aspect of its faith however it wishes. The state merely declines to offer financial support.”

In the minority were Justices Ruth Bader Ginsburg and Sonia Sotomayor, who wrote the dissenting opinion. In a rare move for any justice, for only the second time in her eight years on the court Justice Sotomayor read aloud her dissent from the bench.

“To hear the Court tell it, this is a simple case about recycling tires to resurface a playground,” Justice Sotomayor wrote. “The stakes are higher. This case is about nothing less than the relationship between religious institutions and the civil government—that is, between church and state. The Court today profoundly changes that relationship by holding, for the first time, that the Constitution requires the government to provide public funds directly to a church. Its decision slights both our precedents and our history, and its reasoning weakens this country’s longstanding commitment to a separation of church and state beneficial to both.”

“Properly understood then, this is a case about whether Missouri can decline to fund improvements to the facilities the Church uses to practice and spread its religious views. This Court has repeatedly warned that funding of exactly this kind—payments from the government to a house of worship—would cross the line drawn by the Establishment Clause.”

In this excerpt Sotomayor diplomatically blasts the Chief Justice, who wrote the majority opinion:

“So it is surprising that the Court mentions the Establishment Clause only to note the par-ties’ agreement that it ‘does not prevent Missouri from including Trinity Lutheran in the Scrap Tire Program.’ … Constitutional questions are decided by this Court, not the parties’ concessions. The Establishment Clause does not allow Missouri to grant the Church’s funding request because the Church uses the Learning Center, including its playground, in conjunction with its religious mission. The Court’s silence on this front signals either its misunderstanding of the facts of this case or a startling departure from our precedents.”

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Image by Ian Dick via Flickr and a CC license 

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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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