The government tried to justify its discriminatory practices against Trinity Lutheran in the recent religious liberty case before the Supreme Court. But even the liberal justices saw straight through the state’s claims. Here is Justice Elena Kagan summarizing it:
[Audio Clip] Justice Elena Kagan: Essentially, this is a program open to everyone — happens to be a competitive program — but everyone is open to compete on various neutral terms. And you’re depriving one set of actors from being able to compete in the same way everybody else can compete, because of their religious identification.
That’s the bottom line. It is the reason the Court should rule against the state in this case.
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