From Justice Sotomayor’s dissenting opinion in
Trinity Lutheran Church v. Comer (2017):
"To hear the Court tell it, this is a simple case
about recycling tires to resurface a playground. The stakes
are higher. This case is about nothing less than the
relationship between religious institutions and the civil
government — that is, between church and state. The Court
today profoundly changes that relationship by holding, for
the first time, that the Constitution requires the
government to provide public funds directly to a church. Its
decision slights both our precedents and our history, and
its reasoning weakens this country's longstanding commitment
to a separation of church and state beneficial to both."
"Today’s decision discounts centuries of history and
jeopardizes the government’s ability to remain secular."
"The Court today dismantles a core protection for religious
freedom provided in these Clauses. It holds not just that a
government may support houses of worship with taxpayer
funds, but that — at least in this case and perhaps in
others, — it must do so whenever it decides to create a
funding program. History shows that the Religion Clauses
separate the public treasury from religious coffers as one
measure to secure the kind of freedom of conscience that
benefits both religion and government. If this separation
means anything, it means that the government cannot, or at
the very least need not, tax its citizens and turn that
money over to houses of worship. The Court today blinds
itself to the outcome this history requires and leads us
instead to a place where separation of church and state is a
constitutional slogan, not a constitutional commitment.
I dissent."