What’s So Troubling About Funding a Playground? How Trinity Lutheran Undermines the First Amendment
…activities a secular court will consider religious. The line is hardly a bright one.” Thus, the Amos Court declined to adopt a constitutional bright line between religious and secular activities in order to grant religious organizations advantageous exemptions. However in Trinity Lutheran, it relies on precisely such a distinction in order to permit (indeed, require) state funding of houses of worship. As a more general matter, it is suspect that…
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