October Term 2016 · Docket 15-577
Can a state deny a church a playground grant solely because of its religious status?
Missouri excluded a church preschool from a playground safety grant. The church argues this violates the Constitution. The state argues it must avoid funding religion.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
David Cortman argued the state excluded the church solely because of its status. He noted the state made important concessions. He argued neutral criteria prevent any endorsement of religion.
Michael Layton argued the state must keep hands off religion. He cited a tradition in thirty-nine states. He argued this tradition respects the separation of church and state.
Justice Ginsburg cited a 1947 case. She noted the framers did not want tax money for churches. She asked if that precedent still applies to this case.
Justice Kennedy asked if religious status can ever deny benefits. He assumed no serious risk of an establishment violation. He sought clarity on the limits of state exclusion.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 16-16 — Transcript, file page 10, lines 16-16
- Official Supreme Court Transcript — file page 10, lines 18-42 — Transcript, file page 10, lines 18-42
- Official Supreme Court Transcript — file page 10, lines 52-12 — Transcript, file page 10, lines 52-12
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 4, lines 10-26 — Transcript, file page 4, lines 10-26
- Official Supreme Court Transcript — file page 4, lines 38-50 — Transcript, file page 4, lines 38-50
- Official Supreme Court Transcript — file page 5, lines 16-32 — Transcript, file page 5, lines 16-32
- Official Supreme Court Transcript — file page 5, lines 46-48 — Transcript, file page 5, lines 46-48
- Official Supreme Court Transcript — file page 5, lines 52-12 — Transcript, file page 5, lines 52-12
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
- Official Supreme Court Transcript — file page 58, lines 20-22 — Transcript, file page 58, lines 20-22
- Official Supreme Court Transcript — file page 6, lines 40-1 — Transcript, file page 6, lines 40-1
- Official Supreme Court Transcript — file page 7, lines 38-4 — Transcript, file page 7, lines 38-4
- Official Supreme Court Transcript — file page 9, lines 12-30 — Transcript, file page 9, lines 12-30
- Official Supreme Court Transcript — file page 9, lines 36-38 — Transcript, file page 9, lines 36-38
A citizen's guide to the whole case
What this case is about
A Missouri church preschool lost a playground safety grant. The state excluded it because it is a church. The church says this is unfair discrimination. The state says it must keep public money away from religious institutions.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
How the case got here
The Supreme Court heard oral argument in this case on April 19, 2017.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 58, lines 20-22 — Transcript, file page 58, lines 20-22
What each side wants
The church wants the grant. It wants the state to treat it like any other preschool. It wants the state to stop using religious status as a reason to deny benefits.
The state wants to keep the denial. It wants to maintain a rule that bars public funds from religious institutions. It wants to avoid using tax money for religious purposes.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
What each side says
The church argues the state used religious status to deny a benefit. It argues this violates the free exercise clause. It argues the grant is neutral and secular. It argues the state must treat all preschools equally.
The state argues it must avoid funding religion. It argues a long tradition keeps public money away from churches. It argues using tax money for a church violates the establishment clause. It argues the state must respect this separation.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
What the justices asked
Justice Kagan asked if a state could deny money if a church uses a playground for prayer. She asked if that scenario is significantly different.
Justice Sotomayor asked how a state controls religious instruction outside. She asked how the state avoids controlling belief and viewpoint in that process.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 16-16 — Transcript, file page 10, lines 16-16
- Official Supreme Court Transcript — file page 10, lines 18-42 — Transcript, file page 10, lines 18-42
- Official Supreme Court Transcript — file page 10, lines 52-12 — Transcript, file page 10, lines 52-12
- Official Supreme Court Transcript — file page 4, lines 10-26 — Transcript, file page 4, lines 10-26
- Official Supreme Court Transcript — file page 4, lines 38-50 — Transcript, file page 4, lines 38-50
- Official Supreme Court Transcript — file page 5, lines 16-32 — Transcript, file page 5, lines 16-32
- Official Supreme Court Transcript — file page 5, lines 46-48 — Transcript, file page 5, lines 46-48
- Official Supreme Court Transcript — file page 5, lines 52-12 — Transcript, file page 5, lines 52-12
- Official Supreme Court Transcript — file page 58, lines 20-22 — Transcript, file page 58, lines 20-22
- Official Supreme Court Transcript — file page 6, lines 40-1 — Transcript, file page 6, lines 40-1
- Official Supreme Court Transcript — file page 7, lines 38-4 — Transcript, file page 7, lines 38-4
- Official Supreme Court Transcript — file page 9, lines 12-30 — Transcript, file page 9, lines 12-30
- Official Supreme Court Transcript — file page 9, lines 36-38 — Transcript, file page 9, lines 36-38
Why it matters
This case defines the boundary between public funding and religious institutions. It determines whether states can exclude churches from general benefit programs. It affects how governments allocate resources to religious and secular groups. It shapes the relationship between public money and religious freedom.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 16-16 — Transcript, file page 10, lines 16-16
- Official Supreme Court Transcript — file page 10, lines 18-42 — Transcript, file page 10, lines 18-42
- Official Supreme Court Transcript — file page 10, lines 52-12 — Transcript, file page 10, lines 52-12
- Official Supreme Court Transcript — file page 3, lines 8-18 — Transcript, file page 3, lines 8-18
- Official Supreme Court Transcript — file page 4, lines 10-26 — Transcript, file page 4, lines 10-26
- Official Supreme Court Transcript — file page 4, lines 38-50 — Transcript, file page 4, lines 38-50
- Official Supreme Court Transcript — file page 5, lines 16-32 — Transcript, file page 5, lines 16-32
- Official Supreme Court Transcript — file page 5, lines 46-48 — Transcript, file page 5, lines 46-48
- Official Supreme Court Transcript — file page 5, lines 52-12 — Transcript, file page 5, lines 52-12
- Official Supreme Court Transcript — file page 58, lines 20-22 — Transcript, file page 58, lines 20-22
- Official Supreme Court Transcript — file page 6, lines 40-1 — Transcript, file page 6, lines 40-1
- Official Supreme Court Transcript — file page 7, lines 38-4 — Transcript, file page 7, lines 38-4
- Official Supreme Court Transcript — file page 9, lines 12-30 — Transcript, file page 9, lines 12-30
- Official Supreme Court Transcript — file page 9, lines 36-38 — Transcript, file page 9, lines 36-38
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
- Official Supreme Court Transcript — file page 29, lines 32-24 — Transcript, file page 29, lines 32-24
- Official Supreme Court Transcript — file page 3, lines 20-8 — Transcript, file page 3, lines 20-8
- Official Supreme Court Transcript — file page 57, lines 20-18 — Transcript, file page 57, lines 20-18
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.