With a little help from some recycled rubber, groups seeking a review of state Blaine Amendments may have a better shot at clearing a major hurdle: Getting a hearing from the U.S. Supreme Court.
Recycled rubber can be converted into soft, non-toxic playground mulch. The state of Missouri offers grants to schools and non-profits so they can use it to build safer playgrounds.
But does the public benefit of safer playgrounds suddenly take on a sectarian purpose if a grant is given to a religious school?
The 8th U.S. Circuit Court of Appeals thought so when it upheld Missouri's rejection of Trinity Lutheran Church's grant application for a preschool playground.
Last week, lawyers for Trinity Lutheran Church asked the U.S. Supreme Court to review the ruling, arguing that the Eight Circuit Court of Appeals erred in Trinity Lutheran Church Inc. v. Pauley. As with the Douglas County, Colo. voucher case, lawyers for the Missouri preschool argued the denial of the grant violated its First-Amendment and equal-protection rights.
Blaine Amendments, a relic of anti-Catholic bigotry present in some 37 state constitutions, are already being used to deny publicly supported educational benefits to students choosing religious private schools, and are frequently cited in cases challenging school choice programs. The denial of recycled rubber playground material may just demonstrate how odd the interpretation of these amendments has become. (more…)
From the News Service of Florida:
THE CAPITAL, TALLAHASSEE, September 11, 2012..........A trial court will decide whether state lawmakers are adequately funding public education after the Florida Supreme Court turned aside a last-ditch effort by Senate President Mike Haridopolos to block the suit.
The Supreme Court's decision Tuesday largely hinged on a procedural issue. In November, the 1st District Court of Appeal issued a divided ruling, with eight judges voting to allow the case to go forward, though one of the judges differed with the other seven on the basis for that ruling. The other seven judges said the lawsuit should end.
Lawyers for Haridopolos, R-Merritt Island, said the Supreme Court should immediately step in and declare that the issue wasn't one the trial court should take up.
"The Court should clarify that the adequacy of the public school system is a political question outside the courts’ subject matter jurisdiction," said a brief filed in the case.
But even lawyers for House Speaker Dean Cannon, a Winter Park Republican who is also a defendant in the suit, said that wasn't necessary.
"The issue will undoubtedly be resolved by this Court eventually, but at present, the case is not ripe for review because of the District Court of Appeal's failure to reach a majority decision," lawyers for Cannon argued. (more…)
