Quiz #77 -- Establishment Clause Offense & Neutral Government Programs

The Religion Law Quiz Podcast

True or False: The Establishment Clause is not offended when religious observers and organizations benefit from neutral government programs.

(Scroll down for the answer)

Answer: True. Here’s what the Supreme said in that regard three years ago:

The Religion Clauses of the First Amendment provide that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” We have recognized a “ ‘play in the joints’ between what the Establishment Clause permits and the Free Exercise Clause compels.” Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. ––––, ––––, 137 S.Ct. 2012, 2019, 198 L.Ed.2d 551 (2017) (quoting Locke v. Davey, 540 U.S. 712, 718, 124 S.Ct. 1307, 158 L.Ed.2d 1 (2004)). Here, the parties do not dispute that the scholarship program is permissible under the Establishment Clause. Nor could they. We have repeatedly held that the Establishment Clause is not offended when religious observers and organizations benefit from neutral government programs. See, e.g., Locke, 540 U.S. at 719, 124 S.Ct. 1307; Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 839, 115 S.Ct. 2510, 132 L.Ed.2d 700 (1995). See also Trinity Lutheran, 582 U.S., at ––––, 137 S.Ct., at 2019–2020 (noting the parties' agreement that the Establishment Clause was not violated by including churches in a playground resurfacing program).

Espinoza v. Montana Dep't of Revenue, 207 L. Ed. 2d 679, 140 S. Ct. 2246, 2254 (2020) (emphasis added)

Disclaimer: The Religion Law Quizzes are provided as a service to the bar. They are informal, non-binding hypothetical questions intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

Welcome to another episode of the Religion Law Podcast, where we delve into religious freedom and other religion law-related topics through engaging quiz-based discussions. In this particular installment, we'll be exploring quiz number 77 and discussing the Supreme Court's 2020 decision: Espinoza v. Montana, Department of Revenue.

The Espinoza case revolves around the parents of students attending a private Christian school who sued the Montana Department of Revenue. The Department had created a rule excluding religiously-affiliated private schools from a state-established scholarship program, arguing that it would otherwise constitute state aid to religion, which could violate the Establishment Clause. This case was taken up to the Supreme Court, thereby setting the stage for a significant constitutional debate.

In this episode, we especially focus on the central question of the quiz: Is the Establishment Clause offended when religious observers and organizations benefit from neutral government programs? This particular query draws on past court decisions such as the Trinity Lutheran case and examines the balance between the Establishment Clause and the Free Exercise Clause of the First Amendment.

We then finish by delving into the implications of the Espinoza decision. The key takeaway posits that a neutral government program, regardless of its benefits to a religious organization, does not violate the Establishment Clause. Tune in to learn more about this important landmark decision that has implications for the boundaries of religious freedom and state aid.

As we wrap up this episode, we remind listeners that Religion Law quizzes are meant for educational purposes and not to be relied upon as legal advice. If you have found this episode insightful, please share it and leave a review. Stay tuned for our continued exploration of the Espinoza decision in quiz number 78.