Saturday, March 9, 2019

Kavanaugh is eager to use Trinity Lutheran to tear down the separation of church and state.

Does the Constitution compel state and local governments to subsidize religion? That question might seem preposterous, since the First Amendment’s Establishment Clause prohibits the government from funding religious exercise and limits its ability to fund religious facilities. Yet in 2017, the U.S. Supreme Court flipped the First Amendment on its head by ruling, for the first time ever, that the Constitution sometimes requires the government to provide public funds directly to a church. Its decision in Trinity Lutheran v. Comer blew a chunk out of the wall between church and state. And on Monday, Justice Brett Kavanaugh announced his intention to demolish the remainder of that wall by invalidating laws that bar government subsidization of religion...

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