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(Photo: AP) More Now that Supreme Court Justice Neil Gorsuch is here to stay for quite some time hes only 49 years old and could hold the bench for the rest of his life theres one looming question for womens health proponents: How will Gorsuchs appointment affect coming cases on womens reproductive rights? As it happens, one of the first cases Gorsuch will hear could have big implications not only on this issue, but also forany group that faces potential discrimination on the basis of the religious beliefs held by a company. The players in this case? Recycled tires and a preschool playground. What, exactly, is the link to womens health here? Its complicated. The case of Trinity Lutheran Church of Columbia v. Pauley ,centers around an incident involving the churchsapplication for a grant from the state of Missouri to use recycled tires for the surface ofa new playground for Trinityspreschool. The preschool is clearly religiously affiliated, stating in its own materials that it teaches a Christian world view including the Gospel. The preschools application ranked fifth out of 54 applications reviewed in total for Missouris Scrap Tire Program , but the state ultimately declined to award the church a grant to resurface theplayground with recycled tires becausedoing so would have violated a provision of Missouris state constitution. The constitution makes clear that no money shall be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion. That meant no new playground for Trinity. But the church challenged the decision in federal court. Both the district and appellate courts agreed with the states decision. Now the church will argue to the Supreme Court that its exclusion from eligibility for the recycled tire grant program violates the free-exercise and free-protection clauses of the U.S. Constitution. What do recycled tires have to do with reproductive rights and JusticeNeil Gorsuch? Awhole lot, it turns out. Its a case thats being closely watched by the National Womens Law Center , Amy Matsui, senior counsel and director of government relations, tells Yahoo Beauty. If the court allows the church to receive public funds despite Missouris constitution, it opens the door to public funds going without any safeguards to groups that might discriminate, Matsui explains. And that includes religious institutions or schools that could discriminate on the basis of sex, sexual orientation, and religion. We know there have been religious employers who have fired employees for using birth control , for becoming pregnant without being married , for using assisted reproductive technologies to achieve pregnancy. If an institution that is engaged in discriminatory practices can receive public funds, we have serious concerns if there are not any safeguards or protections.
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