Boy, those evil "liberals" in the 9th Circuit Court of Appeals have
issued another ruling attacking religious liberty in the name of
Secular Humanism:
--Sean C
http://www.tompaine.com/feature2.cfm/ID/8973#Religious%20Liberty
Religious Liberty: Can A State Be Forced To Pay For Religious
Education?
Locke v. Davey, reviewing decision in Davey v. Locke, 299 F.3d 748 (
9th Cir.2002).
This case asks whether the state of Washington is required to grant a
college scholarship to a student who wants to use it for religious
education. Joshua Davey was awarded a Washington Promise Scholarship
for college based on academic and financial criteria. The scholarship
stated that students pursuing religious education were not eligible,
pursuant to state legal and constitutional provisions prohibiting the
use of state funds to help pay for religious instruction. Davey
nevertheless decided to declare Pastoral Ministries as his major and
sued the state when his scholarship was revoked, claiming violations of
his freedom of religion, freedom of speech and equal protection rights.
The district court granted summary judgment for the state, but the
Ninth Circuit overturned this holding, finding that the prohibition on
majoring in Theology discriminated on the basis of religion and could
be upheld only if it was necessary for a compelling government purpose.
The State of Washington argued that its constitution prohibits public
money from being used to provide any religious instruction, or to
support any religious establishment, but the Ninth Circuit rejected its
contention and ruled that the state was required to give the
scholarship to Davey. The Supreme Court has granted review to resolve
the question of whether the State of Washington violated Davey's right
to the free exercise of religion under the First Amendment by declining
to give him a scholarship. Supporters of private school vouchers are
urging the Court to rule that state constitutional provisions like
Washington's violate the federal constitution, hoping that such a
ruling would clear the way for more voucher programs across the
country.
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