Contact: John Eidsmoe, Foundation for Moral Law, 334-262-1245

MONTGOMERY, Ala., Dec. 8, 2015 /Christian Newswire/ -- The Foundation for Moral Law, a Montgomery-based legal foundation dedicated to the defense of religious liberty as guaranteed in the Constitution, filed an amicus brief urging the United States Supreme Court to accept a case of discrimination against Trinity Lutheran Church of Missouri.

Trinity operates a Christian school called the Learning Center and had applied to participate in a program whereby Missouri provides a grant for the school to buy discarded tire remnants to construct a safe and stable base for its playground. Trinity qualified for the grant in every way, but Missouri rejected Trinity's application because of an 1875 amendment to Missouri's constitution that prohibits aid to churches. Trinity has sued the State of Missouri, claiming the state constitutional amendment violates the church's rights under the Establishment Clause, the Free Exercise Clause, and the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

Foundation President Kayla Moore said the lower courts misinterpreted the Missouri constitutional provision. "The Missouri provision means the state can't give special preference to churches. It certainly doesn't mean the state has to discriminate against the church. But the way Missouri interprets this provision, every school in the state can participate in the Scrap Tire Program except church schools."

Foundation Senior Counsel John Eidsmoe said the Missouri provision is unconstitutional because it was based on animus or hostility toward Roman Catholics. "The 1870s saw a rising tide of immigration from Catholic countries and a corresponding rise in Catholic schools," he said. "Non-Catholics in many states felt threatened by this and retaliated by passing these amendments."