New US Supreme Court judge set to hear first religious liberty case

A lawsuit involving a children’s playground will be the first religious liberty case heard by new US Supreme Court justice Neil Gorsuch.

Gorsuch, who has previously spoken favourably in cases involving religious liberty, will hear the case alongside other Supreme Court justices later this month.

On Thursday, the court could also decide on whether to hear the case of a Christian who declined to produce a cake for a same-sex wedding.

Turned down

On 19 April the Supreme Court will hear arguments in Trinity Lutheran Church v Comer. It centres on whether Government money can be used for a church’s children’s play area.

Trinity Lutheran Church applied for a grant to cover costs of resurfacing its playground in 2012.

Over 90 per cent of the children who attend the preschool do not go to Trinity church, and the playground is open to the community at weekends.

However the church was turned down by the state of Missouri.

Excluded

The Missouri constitution blocks giving money – either directly or indirectly – to churches.

Alliance Defending Freedom (ADF), a religious liberty organisation, is supporting the church in its legal case.

It said: “The state ultimately denied the preschool a reimbursement grant for its playground solely because the playground belongs to a religious organization.”

‘Artistic talents’

ADF warned that a defeat at the Supreme Court could mean “religious nonprofits could be excluded from government programs meant to serve their communities and even be denied basic safety services like fire and police protection”.

On 13 April, the Supreme Court will continue discussion on the case of Jack Phillips, a Christian baker who, in 2012, politely turned down a request to produce a cake for a same-sex wedding at his Masterpiece Cakeshop.

He was sued by the two men involved, but Phillips’ lawyers say he was simply using his freedom to decline to “use his artistic talents to promote a message and event with which he fundamentally disagrees”.

‘Impeccable legal credentials’

Neil Gorsuch replaces the late Justice Antonin Scalia, who died last year.

Widely described as having “impeccable legal credentials”, Gorsuch has spoken favourably in cases involving religious liberty and the sanctity of life.

He ruled in favour of Christian-run company Hobby Lobby after it objected to Obamacare – a law forcing it to provide health insurance covering abortion-inducing drugs.

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