First Amendment topicsAbout the First Amendment
 
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
 
IssueThe 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
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

First Reports
Supreme Court
Experts
Columnists
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

 

 

 

 

 


This is from Cache data array: 20:29:23