fbpx
Wikipedia

Locke v. Davey

Locke v. Davey, 540 U.S. 712 (2004), is a United States Supreme Court decision upholding the constitutionality of a Washington publicly funded scholarship program which excluded students pursuing a "degree in devotional theology".[1] This case examined the "room ... between the two Religion Clauses", the Free Exercise Clause and the Establishment Clause.

Locke v. Davey
Argued December 2, 2003
Decided February 25, 2004
Full case nameGary Locke, Governor of Washington, et al., Petitioners v. Joshua Davey
Citations540 U.S. 712 (more)
124 S. Ct. 1307; 158 L. Ed. 2d 1; 2004 U.S. LEXIS 1626; 72 U.S.L.W. 4206; 17 Fla. L. Weekly Fed. S 163
Case history
Prior
Holding
A Washington publicly funded scholarship program which excluded students pursuing a "degree in theology" does not violate the Free Exercise Clause.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityRehnquist, joined by Stevens, O'Connor, Kennedy, Souter, Ginsburg, Breyer
DissentScalia, joined by Thomas
DissentThomas
Laws applied
U.S. Const. amend. I

Chief Justice William Rehnquist wrote the opinion of the court, with Justices Antonin Scalia and Clarence Thomas dissenting.

Background edit

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 But when he declared a double major in pastoral ministries and business management/administration, his scholarship was revoked.[2] Davey was given the opportunity to continue under the scholarship but without the pastoral ministries major, but he refused.

The scholarship edit

In 1999, the state of Washington legislature 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."[3]

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.

Holding edit

The statute was upheld.[1] 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".

See also edit

References edit

  1. ^ a b Mawdsley, James (May 3, 2018). "Locke v. Davey". Encyclopaedia Britannica. Retrieved July 2, 2020.
  2. ^ "Scholarship - God Dispute". CBS News. June 8, 2004. Retrieved December 2, 2010.
  3. ^ Article I, Section 11

Further reading edit

  • Green, Steven K. (2004). "Locke v. Davey and the Limits to Neutrality Theory". Temple Law Review. 77 (4): 913–956.

External links edit

  • Text of Locke v. Davey, 540 U.S. 712 (2004) is available from: CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  OpenJurist  Oyez (oral argument audio) 

locke, davey, 2004, united, states, supreme, court, decision, upholding, constitutionality, washington, publicly, funded, scholarship, program, which, excluded, students, pursuing, degree, devotional, theology, this, case, examined, room, between, religion, cl. Locke v Davey 540 U S 712 2004 is a United States Supreme Court decision upholding the constitutionality of a Washington publicly funded scholarship program which excluded students pursuing a degree in devotional theology 1 This case examined the room between the two Religion Clauses the Free Exercise Clause and the Establishment Clause Locke v DaveySupreme Court of the United StatesArgued December 2 2003Decided February 25 2004Full case nameGary Locke Governor of Washington et al Petitioners v Joshua DaveyCitations540 U S 712 more 124 S Ct 1307 158 L Ed 2d 1 2004 U S LEXIS 1626 72 U S L W 4206 17 Fla L Weekly Fed S 163Case historyPriorDavey v Locke No C00 61R 2000 WL 35505408 W D Wash Oct 5 2000 Reversed 299 F 3d 748 9th Cir 2002 Cert granted 538 U S 1031 2003 HoldingA Washington publicly funded scholarship program which excluded students pursuing a degree in theology does not violate the Free Exercise Clause Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionsMajorityRehnquist joined by Stevens O Connor Kennedy Souter Ginsburg BreyerDissentScalia joined by ThomasDissentThomasLaws appliedU S Const amend IChief Justice William Rehnquist wrote the opinion of the court with Justices Antonin Scalia and Clarence Thomas dissenting Contents 1 Background 1 1 The scholarship 2 Holding 3 See also 4 References 5 Further reading 6 External linksBackground editDavey 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 2 Davey was given the opportunity to continue under the scholarship but without the pastoral ministries major but he refused The scholarship edit In 1999 the state of Washington legislature 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 3 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 Holding editThe statute was upheld 1 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 See also editList of United States Supreme Court cases volume 540 List of United States Supreme Court casesReferences edit a b Mawdsley James May 3 2018 Locke v Davey Encyclopaedia Britannica Retrieved July 2 2020 Scholarship God Dispute CBS News June 8 2004 Retrieved December 2 2010 Article I Section 11Further reading editGreen Steven K 2004 Locke v Davey and the Limits to Neutrality Theory Temple Law Review 77 4 913 956 External links editText of Locke v Davey 540 U S 712 2004 is available from CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist Oyez oral argument audio Retrieved from https en wikipedia org w index php title Locke v Davey amp oldid 1175145959, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.