Yesterday in a 2-1 decision in St. Louis University v. Masonic Temple Association of St. Louis, (MO Ct. App., Oct. 3, 2006), a Missouri appellate court majority said that the city of St. Louis and the state of Missouri could finance development of a 13,000 seat sports arena by St. Louis University using urban renewal funds. The court rejected claims that the financing violates the Establishment Clause of the U.S. constitution and provisions in Missouri's constitution, Art. IX, Sec. 8, that prohibit the use of public funds to aid a university controlled by a religious creed. The majority opinion interpreted the Missouri constitutional provisions "to prohibit State aid only when an institution is controlled in such a way that religious authorities propagate and advance their religion through school operation." It held that while St. Louis University has a Jesuit tradition, it is controlled and operated by an independent, lay board of trustees. However, instead of affirming the trial court's summary judgment decision in favor of the University, the court transferred the case to the Missouri Supreme Court because of the general interest and importance of the issues involved.
Judge Mooney, concurring in the transfer of the case to the state's Supreme Court, wrote that he would not affirm the trial court's summary judgment. He believed that a trial was necessary to determine whether St. Louis University, despite its governing documents, is no longer in fact controlled by the Catholic creed.
