Trinity Lutheran held that Missouri violated the Free Exercise Clause when it excluded a church from a generally available playground-resurfacing grant because of religious status. The Court treated that exclusion as discrimination against religious exercise.
Missouri's constitution barred public money from going to churches. The state used that rule to deny Trinity Lutheran a safety-related grant available to other nonprofits.
Does excluding a church from a generally available public benefit solely because it is religious violate the Free Exercise Clause?
Missouri violated the Free Exercise Clause by excluding Trinity Lutheran from a generally available public benefit solely because it was a church.
How the justices lined up in this decision.
The case moved the Court toward requiring equal access for religious institutions in some public benefit programs. It helped build the path for later religious-school funding cases. The ruling did not require states to fund religious worship itself, but it made religious status exclusions constitutionally suspect.
Chief Justice Roberts wrote the Court's opinion. Justices Kennedy, Alito, and Kagan joined in full; Justices Thomas and Gorsuch joined in part and concurred. Justice Breyer concurred in the judgment. Justice Sotomayor dissented, joined by Justice Ginsburg.