Gary Locke, Governor of Washington, et al. v. Joshua Davey (540 U.S. 712)
U.S. Supreme Court · decided February 25, 2004 · Supreme Court Database (Spaeth)
- Citation
- 540 U.S. 712 · 124 S. Ct. 1307
- Decided
- February 25, 2004
- Term
- October Term 2003
- Vote
- 7–2
- Majority author
- Justice Rehnquist
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. The State of Washington established the Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. In. accordance with the State Constitution, students may not use the scholarship at an institution where they are pursuing a degree in devotional theology. We hold that such an exclusion from an otherwise inclusive aid program does not violate the Free Exercise Clause of the First Amendment. The Washington State Legislature found that “[s]tudents who work hard . . . and successfully complete high school with high academic marks may not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient.” Wash. Rev. Code Ann. §28B.119.005 (West Supp. 2004). In 1999, to assist these high-achieving students, the legislature created the Promise Scholarship Program, which provides a scholarship, renewable for one year, to eligible students for postsecond-ary education expenses. Students may spend their funds on any education-related expense, including room and board. The scholarships are funded through the State’s general fund, and their amount varies each year depending on the annual appropriation, which is evenly prorated among the eligible students. Wash. Admin. Code §250-80-050(2) (2003). The scholarship was worth $1,125…
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