The Decision

In a 7-2 decision, the U.S. Supreme Court today upheld the state of Washington's policy of denying general scholarship funds to students wishing to use them for the purpose of pursuing religious studies. The ruling said the state was within its rights to deny a taxpayer-funded state "Promise Scholarship" to Joshua Davey, a college student who was (then) studying to become a minister. In today's decision, Justices Antonin Scalia and Clarence Thomas dissented.

• Read Chief Justice Rehnquist's Majority Opinion

• Read Justice Scalia's Dissenting Opinion

Davey enrolled at Northwest College, a private, Christian institution in Kirkland, Washington, where he declared a double major in Business Management and Pastoral Ministries. Several weeks later, the college received correspondence from the state's Higher Education Coordinating Board (HECB) announcing that Davey's scholarship was being withdrawn because state law provides that, "...students who are pursuing degrees in theology are not eligible to receive any state-funded student financial aid, including the new Washington Promise Scholarship."

On January 13, 2000, Davey filed suit, challenging the state's action on grounds that it violated the First Amendment's Free Exercise and Free Speech clauses and denied him of equal protection rights granted by both federal and state constitutions.

On October 5, 2000, U.S. District Court Judge Barbara Rothstein issued an order upholding the state's action. In her ruling, Judge Rothstein made clear her belief that the state's so-called "Blaine Amendment" was dispositive, writing, "Because the Washington Constitution prohibits the funding of religious instruction, both by its express terms and as interpreted by the state's highest court, HECB is entitled to judgment as a matter of law."

Davey then appealed to the U.S. Court of Appeals for the Ninth Circuit, which heard arguments on the case on May 6, 2002 and, subsequently, reversed the District Court's decision. In the Ninth Circuit Court's Ruling, issued on July 18, 2002, Judge Pamela Ann Rymer wrote that "HECB's policy lacks neutrality on its face," and that "HECB impermissibly deprived Davey of his scholarship." The decision further found that, "Washington's interest in avoiding conflict with its own constitutional constraint against applying money to religious instruction is not a compelling reason to withhold scholarship funds for a college education from an eligible student just because he personally decides to pursue a degree in theology." In effect, the court voided the HECB's decision, but not the underlying "Blaine Amendment."

Governor Locke then appealed and the U.S. Supreme Court agreed to hear the case.

The Importance of Today's Decision

The Supreme Court's Locke v. Davey decision permits states to withhold funds that are otherwise generally distributed from flowing to religious programs. The ruling may make it more difficult to establish religious schools as recipients of educational vouchers in a number of states.

Additional Resources

• American Civil Liberties Union Brief in Support of Petitioners (Governor Locke)

• Institute for Justice Brief in Support of Respondent (Joshua Davey)

• Blaine Amendments