Locke v. Davey
Encyclopedia
Locke v. Davey, , is a United States Supreme Court
decision upholding the constitutionality
of a Washington publicly funded scholarship
program which excluded students pursuing a "degree in theology
." This case examined the "room.. between the two Religion Clauses", the Free Exercise Clause and the Establishment Clause.
Chief Justice
William Rehnquist
wrote the opinion with Justices Antonin Scalia
and Clarence Thomas
dissenting.
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."
created a scholarship, the Promise Scholarship. The scholarships were for roughly $1,250 each 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".
The scholarship was available to any graduate of a Washington public or private high school
. The student must be in the top 15%, receive a score of 1,200 or higher on the SAT
, 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.
in 2003, shortly before the case was argued before the Supreme Court. He graduated in 2006, having served as a managing editor for the Harvard Journal of Law & Public Policy in his final year.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision upholding the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of a Washington publicly funded scholarship
Scholarship
A scholarship is an award of financial aid for a student to further education. Scholarships are awarded on various criteria usually reflecting the values and purposes of the donor or founder of the award.-Types:...
program which excluded students pursuing a "degree in theology
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...
." This case examined the "room.. between the two Religion Clauses", the Free Exercise Clause and the Establishment Clause.
Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
wrote the opinion with Justices Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
dissenting.
Holding
The statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
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."
Background
Davey enrolled in Northwest College 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 legislatureLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
created a scholarship, the Promise Scholarship. The scholarships were for roughly $1,250 each 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".
The scholarship was available to any graduate of a Washington public or private high school
High school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
. The student must be in the top 15%, receive a score of 1,200 or higher on the SAT
SAT
The SAT Reasoning Test is a standardized test for college admissions in the United States. The SAT is owned, published, and developed by the College Board, a nonprofit organization in the United States. It was formerly developed, published, and scored by the Educational Testing Service which still...
, or score higher than a 27 on the American College Test
ACT (examination)
The ACT is a standardized test for high school achievement and college admissions in the United States produced by ACT, Inc. It was first administered in November 1959 by Everett Franklin Lindquist as a competitor to the College Board's Scholastic Aptitude Test, now the SAT Reasoning Test...
. In addition, the student's family's income must be less than 135% of the median.
After the decision
Joshua Davey, the student who lost this case, enrolled in Harvard Law SchoolHarvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 2003, shortly before the case was argued before the Supreme Court. He graduated in 2006, having served as a managing editor for the Harvard Journal of Law & Public Policy in his final year.