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Locke v. Davey | 540 U.S. 712 (2004) | Justia U.S. Supreme Court Center

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Post-secondary students who met certain income, academic, and enrollment requirements were eligible to receive funds from the state of Washington through its Promise Scholarship Program. Any accredited university or college was open to the students, but they could not pursue a devotional degree. However, they could take religious courses. Davey sought to pursue dual degrees in business and theology to further his intended career as a church pastor. He attended a private, Christian college and was eligible for the state funds. Davey refused to certify to the state officials that he was not planning to major in theology, so he lost his access to the funds. He argued that this scholarship program violated the First Amendment prohibitions against state involvement with religion. Majority Under the Establishment Clause, the state technically could extend its program to include devotional degrees. The Washington state constitution provides stricter requirements for the government.

Post-secondary students who met certain income, academic, and enrollment requirements were eligible to receive funds from the state of Washington through its Promise Scholarship Program. Any accredited university or college was open to the students, but they could not pursue a devotional degree. However, they could take religious courses. Davey sought to pursue dual degrees in business and theology to further his intended career as a church pastor. He attended a private, Christian college and was eligible for the state funds. Davey refused to certify to the state officials that he was not pla

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