''Locke v. Davey'', 540 U.S. 712 (2004), is a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

decision upholding the

constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...

of a

Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...

publicly funded

scholarship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need. Scholarsh ...

program which excluded students pursuing a "degree in devotional

theology Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the ...

." This case examined the "room ... between the two Religion Clauses", the

Free Exercise Clause The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The ''Establishment Clause'' and the ''Free Exercise Clause'' together read: Free exercise is the liberty of persons to re ...

and 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 ...

. Chief Justice

William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...

wrote the opinion of the court, with

Justices A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...

and

Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 199 ...

dissenting.

Background

Davey enrolled in

Northwest College Northwest College is a Public college, public community college in Powell, Wyoming. History Northwest College opened in 1946, as the "University of Wyoming Northwest Center," with the support of the University of Wyoming and the local school dis ...

and received a Promise Scholarship. But when he declared a double major in pastoral ministries and business management/administration, his scholarship was revoked. Davey was given the opportunity to continue under the scholarship but without the pastoral ministries major, but he refused.

The scholarship

In 1999, the state of Washington

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

created a scholarship, the Promise Scholarship. The scholarships were for $1,125 per year and were funded through the State's general fund. They were available for qualified students who enrolled for "at least half time in an eligible postsecondary institution in the state of Washington", but excluded study in theology. This was because the Washington State Constitution specifically states that "No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction."Article I, Section 11
/ref> The scholarship was available to any graduate of a Washington public or private

high school A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' lower secondary education'' (ages 11 to 14) and ''upper seconda ...

. The student must be in the top 15%, receive a score of 1,200 or higher on the

SAT The SAT ( ) is a standardized test widely used for college admissions in the United States. Since its debut in 1926, its name and scoring have changed several times; originally called the Scholastic Aptitude Test, it was later called the Schol ...

, or score higher than a 27 on the American College Test. In addition, the student's family's income must be less than 135% of the median.

Holding

The

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

was upheld. The Court held that there was nothing "inherently constitutionally suspect" in the denial of funding for vocational religious instruction. Even if there were, Washington had a "substantial state interest" in not funding "devotional degrees."

References

External links

* {{DEFAULTSORT:Locke V. Davey Establishment Clause case law United States free exercise of religion case law United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court 2004 in United States case law 2004 in religion American Civil Liberties Union litigation Education in Washington (state) History of Renton, Washington

Background

The scholarship

Holding

See also

References

Further reading

External links