Values of particular importance to the Conference are the protection of the First Amendment rights of religious organizations and their adherents, and the proper development of this Court"s jurisprudence in that regard. The State has intruded itself deeply and unnecessarily into religious issues, witness the State-required certifications, J.A. Both parties have consented to the filing of this brief. The only curriculum-related disqualification is that persons declaring a major in theology are not eligible for the award. The State"s exclusion of all those who pursued a degree in theology from eligibility for Promise awards is illegitimate. 111-13.

UNITED STATES CONFERENCE OF CATHOLIC BISHOPS Audio Transcription for Oral Argument - December 02, 2003 in Locke v. Davey Audio Transcription for Opinion Announcement - February 25, 2004 in Locke v. Davey William H. Rehnquist: I have the opinion of the Court to announce in two cases: the first is 02-1315, Locke versus Davey. Church of the Lukumi Babalu Aye v. Hialeah, 508 U.S. 520, 531-32 (1993). For the State of Washington to deny a Promise Scholarship to respondent, who met all the neutral criteria to receive such an award, solely because he declared a major in Pastoral Ministries, clearly presents just such a case of governmental discrimination.
45, the State's charge to colleges to decide the religious nature of majors being pursued, J.A. A.


It has an interest in the theological training and the training of Evangelical Covenant Church clergy for ministry in denominational and parachurch ministries. Still less was there any claim in Harris or Maher that the benefits the Medicaid program did provide to these low income women were being withheld from them because of their religious beliefs or exercise. The State has decided that theology (however labeled by the school) is always a religious exercise akin to worship.

Washington, D.C. 20017 City of New Orleans v. Duke, 427 U.S. 297 (1970); Torcaso v. Watkins, 367 U.S. 488 (1961). The Presbyterian Church (U.S.A.) is a national Christian denomination with nearly 2.5 million members in more than 11,500 congregations, organized into 173 presbyteries under the jurisdiction of 16 synods. Both James Madison and Thomas Jefferson, while holding differing views in other First Amendment areas, joined in their "strong stances against a differential scope of rights based on religion," Mark Edward DeForest, , 26 Harv. The proper resolution of this case, affirming the decision of the Ninth Circuit, does not require a decision that the State of Washington has any independent or freestanding constitutional obligation to fund the college careers of promising high school seniors. ©2020 United States Conference of Catholic Bishops, United States Conference of Catholic Bishops is a 501(c)(3) non-profit organization, Explore more inspirational selections here. The Ninth Circuit Court of Appeals reversed, concluding Davey's free exercise rights were violated. J.L. But Washington did not do this. The disqualification sweeps more broadly, disqualifying all theology majors for receipt of the award regardless of whether those students plan to enter the ministry (plainly to advance religion) or not. The case before this Court does not, as petitioners and their amici feign to believe, implicate whether the State can be required affirmatively to fund the exercise of Davey"s personal religious rights. Significantly, not even the States writing as amici in support of the State of Washington take the position that following the dictates of state constitutions itself constitutes a compelling state interest. The Worldwide Church of God, a California corporation, began in the early 1930's in Eugene, Oregon. Similarly McDaniel v. Paty, 435 U.S. 618 (1978), holds that religious persons may not be disqualified from public programs or benefits solely on that basis. . Brief of Petitioners, at 5-6; Brief Amicus Curiae of Historians and Law Scholars on Behalf of Petitioners Gary Locke, et al., at 30. This also drags State officials into the quagmire of defining "theology" and other religious concepts. Its discriminatory religious standard denied Davey all the benefits of the Promise program, and indeed all state financial aid. All rights reserved. The Court in Harris was at pains to point out that if the government had made women who obtained abortions ineligible for "all Medicaid benefits" for which they otherwise qualified, then this would probably be unconstitutional. The "effect of this law in its real operation", Lukumi, 508 U.S. at 535, is clearly to target religion impermissibly. Article 1, "11. Code "28B.10.814, that state governments are allowed to violate federal constitutional rights and implement a policy of hostility to religiously motivated persons. Davey filed suit in U.S. district court, claiming the state constitution's ban on funding religious instruction violated his First Amendment right to free exercise of religion (in the U.S. Constitution). The Bishops of the United States have long recognized and supported quality education at all levels and the right of individuals to pursue the education of their choice free from governmental discrimination. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 106-10, and even inquired into the nature of Pentecostal doctrine and Davey's own personal religious practices. Locke v. Davey Case Brief - Rule of Law: A state may have a facially discriminatory practice against the Free Exercise clause as long as there is a substantial. The district court rejected Davey's claim. The State, for example, could have decided legitimately to give awards only to those pursuing degrees in science and technology, and respondent would have had no legitimate legal claim that Washington had to provide him an award to study for the ministry.

The State of Washington has imposed an eligibility restriction on state-sponsored financial aid which prohibits the award of all such aid, specifically including the Promise Scholarships at particular issue here, to any person, who is otherwise qualified, who would study theology. J.A. The overinclusiveness and underinclusiveness of this rule show that it also could not pass even rational basis scrutiny. The Promise Scholarship Program Imposes a Discriminatory Classification Based on Religion. Wash. Const. In other words, those serious about their religious studies (as presumed by the State) need not apply. The choice of which education-related expenses the award will be used to pay for is made by individual students. The government"s simple "obligation of neutrality in the face of religious differences," Thomas v. Review Board of Indiana Employment Sec., 450 U.S. 707, 719-20 (1981), means that this sort of rank governmental discrimination must be rejected finally and for good.


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