Trinity Lutheran Church of Columbia, Inc. v. Pauley

788 F.3d 779, 2015 WL 3429427
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 29, 2015
Docket14-1382
StatusPublished
Cited by2 cases

This text of 788 F.3d 779 (Trinity Lutheran Church of Columbia, Inc. v. Pauley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trinity Lutheran Church of Columbia, Inc. v. Pauley, 788 F.3d 779, 2015 WL 3429427 (8th Cir. 2015).

Opinions

LOKEN, Circuit Judge.

Trinity Lutheran Church of Columbia, Inc. (“Trinity Church”), filed this action alleging that Sara Pauley, acting in her official capacity as Director of the Missouri Department of Natural Resources (“DNR”), violated Trinity Church’s rights under the United States and Missouri Constitutions by denying its application for a grant of solid waste management funds to resurface a playground on church property. The district court1 dismissed the Complaint for failure to state a claim and denied Trinity Church’s post-dismissal motion for leave to file an amended complaint. Trinity Church appeals both rulings. We affirm.

I. Background

Trinity Church operates on its church premises a licensed preschool and daycare called the Learning Center. Initially established as a non-profit corporation, the [782]*782Learning Center merged into Trinity Church in 1985. The Learning Center has an open admissions policy. It is a ministry of Trinity Church that teaches a Christian world view and incorporates daily religious instruction in its programs.

DNR offers Playground Scrap Tire Surface Material Grants, a solid waste management program. The grants provide DNR funds to qualifying organizations for the purchase of recycled tires to resurface playgrounds, a beneficial reuse of this solid waste. See Mo.Rev.Stat. §§ 260.385.1, 260.273.6(2). In 2012, Trinity Church applied for a grant to replace the Learning Center’s playground surface, disclosing that the Learning Center was part of Trinity Church. On May 21, 2012, the Solid Waste Management Program Director wrote the Learning Center’s Director, advising: ■

[A]fter further review of applicable constitutional limitations, the department is unable to provide this financial assistance directly to the church as contem- ’ plated by the grant application. Please note that Article I, Section 7 of the Missouri Constitution specifically provides that “no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, section or denomination of religion.”

A Solid Waste Management Program planner subsequently advised the Solid Waste Management District Director that Trinity Church’s application ranked fifth out of forty four applications in 2012, and that fourteen projects were funded.

Trinity Church commenced this action, asserting federal question jurisdiction over claims that the denial of its Scrap Tire application violated (i) the Equal Protection Clause of the Fourteenth Amendment, (ii) its First Amendment right to free exercise of religion, (iii) the First Amendment’s Establishment Clause, and (iv) its First Amendment right of free speech. The Complaint invoked the district court’s supplemental jurisdiction over a fifth cause of action, alleging that DNR’s denial violated Article I, Section 7, of the Missouri Constitution. Trinity Church sought injunctive and declaratory relief against DNR “policies and actions in denying grants to applicants who are churches or connected to churches.”

The district court granted Director Pau-ley’s motion to dismiss the complaint for failure to state a claim. Trinity timely moved for reconsideration and for leave to amend its complaint to add a factual allegation that the DNR had previously given grants under the Scrap Tire Program to at least fifteen other religious organizations, including churches. The district court denied the motion to reconsider. It also denied leave to amend because Trinity Church “fail[ed] to provide any explanation for not amending its Complaint prior to the dismissal of this action.” The court further noted that the amendment was “futile” because, while Trinity Church argued the newly alleged fact “undermines Missouri’s purported interest” in denying the application, Trinity Church “failed to identify any valid legal theory under which Missouri would need to show the existence of a compelling interest.”

Trinity Church appeals every aspect of the district court’s rulings, except the dismissal of its First Amendment free speech claim. We review the dismissal of a complaint for failure to state a claim de novo. Dunbar v. Wells Fargo Bank, N.A., 709 F.3d 1254, 1256 (8th Cir.2013). We review the denial of leave to amend for abuse of discretion, but we review de novo legal conclusions underlying a determination of futility. In re Medtronic, Inc., Sprint Fidelis Leads Prods. Liab. Litig., 623 F.3d 1200, 1208 (8th Cir.2010).

[783]*783II. The Federal Constitutional Claims

“Missouri has a long history of maintaining a very high wall between church and state.” Luetkemeyer v. Kaufmann, 364 F.Supp. 376, 383-84 (W.D.Mo.1973), aff'd, 419 U.S. 888, 95 S.Ct. 167, 42 L.Ed.2d 134 (1974). Two provisions in the Missouri Constitution “declaring that there shall be a separation of church and state are not only more explicit but more restrictive than the Establishment Clause of the United States Constitution.” Paster v. Tussey, 512 S.W.2d 97, 101-02 (Mo. banc 1974), cert. denied, 419 U.S. 1111, 95 S.Ct. 785, 42 L.Ed.2d 807 (1975). Those provisions, one of which is at the core of this dispute, were initially adopted in 1870 and 1875. As re-adopted in the Missouri Constitution of 1945, they now provide:

Art. I, § 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect, or creed of religion, or any form of religious faith or worship.
Art. IX, § 8. Neither the general assembly, nor any county, city, town [etc.] shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school ... or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation ... ever be made by the state ... for any religious creed, church, or sectarian purpose whatever.2

Trinity Church’s Complaint alleged that, by denying its grant application solely because it is a church, DNR (i) violated the Free Exercise clause because it “targeted] religion for disparate treatment” without a compelling government interest; (ii) violated the Establishment Clause because the denial “was hostile to religion” and required DNR “to determine what is religious enough” to justify denial; and (iii) violated the Equal Protection Clause by discriminating against religious learning centers and day care organizations without a compelling government interest. Although Trinity Church couched these claims as an attack on DNR’s “customs, policies and practices,” all its claims are plainly facial attacks on Article I, § 7, of the Missouri Constitution, which provides that “no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church,” and which was cited by DNR as the sole basis for its denial.

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Bluebook (online)
788 F.3d 779, 2015 WL 3429427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trinity-lutheran-church-of-columbia-inc-v-pauley-ca8-2015.