The Supreme Court goes to the playground

On April 19, this nation's most respected legal minds will focus their collective energy on a playground in Missouri. The outcome of the case — Trinity Lutheran Church v. Pauley — could determine whether the government can exclude religious nonprofits from public benefits solely because they are religious, which is why scholars such as Harvard Law School professor Noah Feldman are calling the case "one for the history books."

Thus, while the subject matter may seem "playful" for a case before the United States Supreme Court, the legal implications are anything but.

The facts are straightforward. Trinity Lutheran Church operates a preschool called The Learning Center, which has a playground on site for use by students and the community at large. Trinity applied for a state program instituted to make playgrounds safer by reimbursing grant recipients for rubberized surface material they purchase for the playgrounds. The program, known as the Missouri Scrap Tire Grant Program, also benefits the environment because the surface material is made from recycled tires, thereby reducing the number of tires in landfills. Appropriately, the program is funded by a tax on all tire purchases, ensuring that the community pays and the community benefits.

Simple ... yes. A win-win by all appearances. But when Trinity submitted its application, the preschool director soon found herself on a not-so-merry-go-round.

A Spiraling Slide from the Top to the Bottom