Civil Rights
Jul. 18, 2017
A troubling free exercise decision
The ruling in Trinity Lutheran is the first time the Supreme Court has held that the government is constitutionally required to provide assistance to religious institutions.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The U.S. Supreme Court's decision in Trinity Lutheran Church of Columbia, Inc. v. Comer, 2017 DJDAR 6222 (June 26), is deeply disturbing because it is the first time in history that the Supreme Court has held that the government is constitutionally required to provide assistance to religious institutions. This is a dramatic change in the law and one that likely is going to require the government to provide much greater support for religious...
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