,,,Blaines Beware: Trinity Lutheran and the Changing Landscape of State No-Funding Provisions

For most Americans, religion and politics are like oil and water. They do not, and should not, mix. The tension between the two topics is evident, even from a cursory view at the news. The Supreme Court’s decision in Trinity Lutheran Church of Columbia, Inc. v. Comer has highlighted this conflict once again. Due to the constant public debate regarding the relationship between religion and politics, Trinity Lutheran will have a substantial impact on the religious freedom landscape for decades to come. Locally, this decision impacts Kansas’s constitution. Article 6, Section 6 of the Kansas Constitution describes how education funding will occur in Kansas. Recently, this topic has been a battleground between the Kansas courts and the Kansas Legislature.2 At the end of this section is clause (c). This clause is short, only containing fourteen words, yet it sets the stage for potential litigation in Kansas under the United States Supreme Court’s decision in Trinity Lutheran. Due to its simplicity, clause (c) is very clear: “No religious sect or sects shall control any part of the public educational funds.”3 This section is one of many sections in various state constitutions prohibiting state funding from going to