Locke v. Davey
The state of Washington awarded John Davey a college scholarship based on his grades and family income. The eligibility requirements stated that the scholarship could not be used to pursue a degree in theology. The Washington constitution prohibits public money from being used to provide any religious instruction, or to support any religious establishment. When Davey declared a major in Pastoral Ministries, he lost his scholarship. He then sued the state in federal court claiming violations of his federal freedom of religion, freedom of speech and equal protection rights. The district court granted summary judgment against Davey, but the court of appeals reversed. The court found 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 court further determined that the state’s interest in avoiding conflict with its constitution was not a compelling reason to withhold scholarship funds from a student pursuing a theology degree. The court found that the theology restriction was unconstitutional and that Davey could receive the scholarship without violating the Washington constitution.
Question Presented:
Does the Free Exercise Clause of the First Amendment require a state to fund religious instruction, in the face of a state constitution that provides that no public money shall be appropriated or
applied to religious instruction, if the state provides college scholarships for secular instruction?
