HOME > First Amendment Library > Case   Locke v. Davey (2004)  [Findlaw] Secondary Link Locke v. Davey  [Legal Information Institute] Argument Date 12/02/2003 Decided 2/25/2004 Supreme Court Vote 7-2 Supreme Court Ruling First Amendment Establishment Clause sustained, 9th Cir. Ruling reversed   Issue The Washington Constitution provides that no public money shall be appropriated or applied to religious instruction. Following this constitutional command, Washington does not grant college scholarships to otherwise eligible students who are pursuing a degree in theology. Does the Free Exercise Clause of the First Amendment require the state to fund religious instruction, if it provides college scholarships for secular instruction?   Case Summary & Additional Resources Majority Opinion Rehnquist, C.J. Dissenting Opinion Scalia, J., & Thomas J. Certiorari Granted 05/19/2003 Lower Court 9th Circuit Lower Court Ruling First-Amendment Free Exercise claim sustained. Oral Arguments AP, "Excerpts from oral arguments in Locke v. Davey" Official transcript Lawyers For Petitioner Representing Washington State: Christine O. Gregoire, state Attorney General's Office For Respondent Representing Joshua Davey: Jay Alan Sekulow, American Center for Law & Justice For United States Theodore Olson, Solicitor General Briefs For Petitioner Petition for Cert., Washington State Attorney General For Respondent Brief in Opposition to Cert. Petition For Amicus Cato Institute News Stories & Commentary Andrea Boyle, Medill News Service, "The Faith-Based Legal Landscape" AP, "Pledge plaintiff loses bid to revive inaugural-prayer lawsuit" Marjorie Heins, "The Crumbing Wall of Church-State Separation" Supreme Court to say when states can fund theology studies Tony Mauro Analysis "Theology-studies case gains in complexity" Campaign-finance, theology cases to be watched closely High court agrees to settle Part II of voucher battle High court draws a line on state-funded religion Opinion - Lower Court Davey v. Locke (9th Cir., 2002) Other Free Expression Policy Project Overview Goldstein & Howe summary of case Medill School of Journalism: Overview & Links Quick Look at Locke v. Davey Sekulow, Jay Allan, WITNESSING THEIR FAITH: RELIGIOUS INFLUENCE ON SUPREME COURT JUSTICES AND THEIR OPINIONS (2006), pp. 309-311 White House release, "Protecting the Civil Rights & Religious Liberty of Faith-Based Organizations: Why Religious Hiring Rights Must Be Preserved"  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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