Religion Law Quiz #60 (Establishment Clause Violation)

Alright.  If you have been paying attention to past Religion Law Quizzes then I would hope you would get this one right.  Let’s see how you do. 

 

True or False: The Establishment Clause is violated if a neutral government program benefits a religious institution. 

 

(Scroll down for the answer)

 

Answer: False.  Here’s what the Supreme Court has said in this regard. 

 

We have repeatedly held that the Establishment Clause is not offended when religious observers and organizations benefit from neutral government programs. See, e.g., Locke, 540 U.S. at 719, 124 S.Ct. 1307; Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 839, 115 S.Ct. 2510, 132 L.Ed.2d 700 (1995). See also Trinity Lutheran, 582 U.S., at ––––, 137 S.Ct., at 2019–2020 (noting the parties’ agreement that the Establishment Clause was not violated by including churches in a playground resurfacing program).

 

Espinoza v. Montana Department of Revenue, 140 S.Ct. 2246, 2254 (2020).

 

 

Disclaimer: The Religion Law Quizzes are provided as a service to you. They are intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.