Posted on 11/29/2003 2:21:25 PM PST by Scenic Sounds
OLYMPIA, Wash. – Joshua Davey's hard work and good grades won him a state scholarship, but his ambition to be a minister denied him the money. Now his legal challenge has become another U.S. Supreme Court battle over the separation of church and state.
Davey's case, set for oral argument Tuesday, pits Washington state's tough ban on using public money for religious purposes against the U.S. Constitution's guarantee of freedom of religion.
A ruling in Davey's favor could overturn similar prohibitions in as many as 36 other states, including California.
Davey, who has since abandoned his ambition for the ministry in favor of Harvard Law School, started the fight as a bid to use as he saw fit a state-funded scholarship he won fair and square.
"From my perspective it was very unfair and kind of arbitrary," said Davey, of Spokane, Wash., who sees the policy as disrespectful of the good he might have done society as a minister. "I was being told that that value wasn't important and wasn't worth the state's money."
In 1999, Davey qualified for a Promise Scholarship, a state-funded program for high-achieving students of modest means. But when Davey decided to study for the ministry at Northwest College in Kirkland, Wash., he was told he couldn't use the scholarship.
The Washington Constitution bans the use of public money for religious instruction, and the state argues that the policy did Davey no harm.
"The government's decision not to fund the exercise of a fundamental right does not infringe that right," Solicitor General Narda Pierce wrote in the state's brief to the court. "Washington's decision not to subsidize religious instruction to implement its state constitutional policy of separation of church and state does not infringe Davey's right to seek a theology degree."
In 2000, Davey sued in federal court to overturn the policy, arguing that the rule violated his right under the U.S. Constitution to practice his religion freely.
Last year, the 9th U.S. Circuit Court of Appeals agreed, finding that the state had no compelling interest in limiting what Davey could study using the scholarship.
But the case is about more than the scholarship money – less than $3,000 that's on hold pending the high court's ruling. Even without the money, Davey went on to graduate from Northwest College with honors this spring with a degree in religion and philosophy.
"It's all about the principle," Davey said.
From the start, Davey's case was argued by the American Center for Law and Justice, a law firm founded by the Rev. Pat Robertson, and championed by other advocates of weakening the barriers between church and state.
Among the issues at stake: similar scholarship programs around the country, and school voucher systems that let students use taxpayer money to pay tuition at private schools.
"If we prevail, governmental programs that have a religious disqualifier would be suspect," said Jay Sekulow, the center's chief counsel.
"A grand total of 37 states prohibit spending tax dollars on clergy training," said the Rev. Barry Lynn, executive director of Americans United for Separation of Church and State. "That's the way it should be in a country that believes that religion is voluntary and should be paid for by its supporters."
The court's ruling, which likely won't come for months, will be a follow-up to last year's opinion upholding school vouchers. Also on tap, an appeal from the Bush administration over the phrase "under God" in the Pledge of Allegiance.
Good question, Amelia. You always ask the tough ones, you know that?
I say it's a toss-up - too close to call! ;-)
I want you to understand that it is only by the grace of those in the legal profession that you are still able to engage in a number of activities without having to first retain a lawyer. Don't press your luck, Amelia. ;-)
No chance; generally speaking I have no luck to press. ;-)
hmmm, sounds like a threat to me.....
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.