Witters v. Washington Department of Services For the Blind
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''Witters v. Washington Department of Services for the Blind'', 474 U.S. 481 (1986), is a decision by the Supreme Court of the United States in which the Court ruled that the
Establishment Clause In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
did not prevent the state of Washington from providing financial vocational assistance to a blind man who sought to study at a Christian college to become a pastor, missionary, or youth pastor. The Court ruled that the Establishment Clause does not prevent financial assistance from a state vocational rehabilitation program from being used for religious instruction.


Background

Larry Witters was eligible under Washington state law to receive financial assistance to pursue vocational instruction. At the time, he was attending a private Bible college with the intent to pursue a career as a pastor, missionary, or youth minister. The Commission for the Blind denied him aid on the basis that the Washington State Constitution barred state funds from being used to assist an individual in pursuit of a career or degree in theology. The
Washington Supreme Court The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retir ...
sustained the Commission's decision but used the US Constitution as the basis for its decision.


Decision

In a 9-0 holding,https://www.oyez.org/cases/1980-1989/1985/1985_84_1070 Oyez Project the Court ruled in favor of Witters. The Court reasoned that the test established in '' Lemon v. Kurtzman'' was applicable and that aid to Witters would meet the ''Lemon'' test. The Court found that there was a clear secular purpose to the law. Also, the Court ruled that the primary effect of the statute was an effect on Witters, not religion. Finally, the case was ruled to have no entanglement with religion since the decision as to where the aid money would be spent was made solely by the individual, not by any government agency so the Establishment Clause was not violated.. The case was remanded back to the state court. On  remand,  after  the  United  States Supreme  Court  reversed  the  Establishment  Clause  holding,  the Washington court held the program inconsistent with one of its Blaine Amendments, a decision the United States Supreme Court declined to review.


Counsel

Witters was represented by Michael P. Farris. Timothy R. Malone represented the respondent.


References


External links

* {{US1stAmendment, establishment United States Supreme Court cases United States Supreme Court cases of the Burger Court Establishment Clause case law 1986 in United States case law