Short answer: Government may not single out religious people, churches, or schools for worse treatment, and in Missouri it must justify any rule that restricts your religious exercise. That protection reaches cities and counties, public schools and universities, state agencies, licensing boards, and zoning officials. If a government body has excluded you from a program, punished you for your faith, or burdened your church’s use of its property, you may have a claim. Some of these cases need to move before a vote, a deadline, or an event, so call early.
Talk it through with a lawyer. The first consultation—30 minutes, by phone or Zoom—is free for new clients. Book a free consultation or call 816-398-8305. When you book, send only your name, how to reach you, the names of the other people or organizations involved, and a sentence about the kind of help you need, so we can check for conflicts first.
What government religious discrimination looks like
- Exclusion from public programs or benefits because the applicant is a church, a religious school, or a family choosing religious education.
- Rules that treat worship worse than comparable secular activity: gathering limits, zoning, permits, or inspections applied more strictly to churches than to businesses or clubs.
- Zoning and land use: denied permits, conditions no secular use would face, or a city trying to keep a church out.
- Public schools: punishing a student or employee for private religious expression, or refusing parents’ religious objections to instruction.
- Licensing and professional rules that force a choice between a license and a religious conviction.
- Public employment: a government employer is bound by the Constitution as well as the employment statutes. See Religious discrimination at work.
The law is stronger than it was a decade ago
The Supreme Court has repeatedly ruled for religious claimants in cases like these:
- Trinity Lutheran Church of Columbia, Inc. v. Comer, 582 U.S. 449 (2017): Missouri could not exclude a church from a playground-resurfacing grant program because it was a church. Jon was among counsel for the church.
- Espinoza v. Montana Department of Revenue, 591 U.S. 464 (2020), and Carson v. Makin, 596 U.S. 767 (2022): a state that funds private education may not exclude religious schools. Jon was on the briefs for the petitioners in Carson.
- Fulton v. City of Philadelphia, 593 U.S. 522 (2021): a city could not refuse to contract with a Catholic foster agency while allowing exceptions for others.
- Kennedy v. Bremerton School District, 597 U.S. 507 (2022): a public school could not discipline a coach for a brief, personal prayer.
- Mahmoud v. Taylor, 606 U.S. 522 (2025): parents were entitled to notice and the chance to opt their children out of instruction that burdened their religious exercise.
Missouri’s Religious Freedom Restoration Act
Missouri adds its own protection. A government body “may not restrict a person’s free exercise of religion” unless the rule is generally applicable, does not discriminate against religion or among religions, and the government proves that applying it to you is “essential to further a compelling governmental interest” and “not unduly restrictive considering the relevant circumstances.” §1.302, RSMo. The government carries the burden of proof, and the statute protects religious acts and refusals to act whether or not your faith requires them.
Churches and land use
The Religious Land Use and Institutionalized Persons Act forbids land-use regulations that substantially burden religious exercise without a compelling justification, or that treat a religious assembly worse than a nonreligious one. Zoning denials, special-use permits, and parking or occupancy rules can all raise these issues. See Church lawyer.
A recent result
We represented a local church in a suit against Jackson County, Missouri, alleging that the county applied more restrictive COVID-19 rules to houses of worship than to secular groups. The case settled for $146,000.
What to do now
- Get the decision in writing: the denial letter, the permit condition, the policy, the email.
- Write down what was said, by whom, and when, especially any comment about your faith or your church.
- Find out what comparable secular groups were allowed to do. Unequal treatment is often the heart of the case.
- Note the next date: a council vote, an appeal deadline, an event. Some claims require quick action or an administrative appeal first.
- Don’t argue the case on social media before you talk to a lawyer.
Frequently asked questions
Can the government treat a church differently from a secular business? Not when the difference disfavors religion. A rule that allows comparable secular activity while restricting worship, or that excludes religious organizations from a public program because they are religious, is vulnerable under the First Amendment.
What is Missouri’s Religious Freedom Restoration Act? A state law that bars a government body from restricting a person’s free exercise of religion unless it proves the restriction is essential to a compelling interest and not unduly restrictive. §1.302, RSMo.
Can a public school punish my child, or me, for religious expression? Generally not for private religious expression, and parents may have a right to opt their children out of instruction that burdens their religious exercise. The details matter, so get advice before the next meeting with the school.
Do I have to be a church to bring a claim? No. Individuals, parents, students, public employees, religious schools, ministries, and churches can all have claims.
Has a government body burdened your faith? Book a free consultation or call 816-398-8305. Here is what happens next:
- A free 30-minute call for new clients, by phone or Zoom, to understand what happened and what dates are coming. Before the call, send only your name, how to reach you, the names of the other people or organizations involved, and a sentence about the kind of help you need, so we can check for conflicts first.
- A written fee agreement before any billed work begins. Contact us to discuss fees.
- You decide whether to go ahead. Nothing is billed until you do.
Past results afford no guarantee of future results; every case is different and must be judged on its own merits. This page is general information about Missouri and federal law as of November 2026. It is not legal advice and does not create an attorney-client relationship. Law Offices of Jonathan R. Whitehead LLC, 229 SE Douglas St., Ste. 210, Lee’s Summit, Missouri 64063.
Related: Religious discrimination at work · Church lawyer · Group exemptions