Its treating religion differently from non-religion, he said. Why is that not a violation of the principle of neutrality?
Because there are at least 4 Supreme Court justices who are hostile towards religion and won't see it that way. The question is can they recruit 1 or 2 more over to the anti-Christian side.
Non-religion philosophies actually have no first amendment protection and yet they have more rights under recent court rulings than religions.
Why couldn't Washington give this kid $6000 for college? As long as he spends it on a college education, why is there a problem?
It's an exercise in futility to say that money which passes through government's hands must never go toward religious institutions. That goal cannot be reached and it is repressive to try to attain it. Scalia is right -- there is no neutrality here at all. It's anti-religious discrimination pure and simple.
It is a voilation of the principle of neutrality. The state is not sponsoring religion by giving out scholarships, it's sponsoring higher education.
But when the state say you can't major in theolgoical studies, but does not limit any other major, then that is religious discrimination, pure and simple, and a violation of the First Amendment. The state is blocking a person's right to practice their religion.
Once an instutution or person gives money away, that money is no longer theres. Private institutions and individuals can put any strings they want on their free gifts, because they are acting out of private interests. But public officials and public institutions (like state governments) cannot attach strings in an arbitrary manner: they are not allowed to discriminate on the basis of race, sex or religion.
By allowing a person to spend the state's money on any college they want, but not for a religious major, they are discriminating unfarily. There is no way anyone could possibly argue allowing a person free choice in their field of study is an establishment of religion by the state, even if all the recipiants went off to Bible school.
I have used my G.I. Bill benefits to attend seminary. Was the First Ammendment violated because I used the tax payer's dollars to learn about God?
The key here is whether a state may deny religious institutions or instruction from competing for state money that follows the student, if it so chooses. I hope and trust the result will flip if the issue is whether a may allow such to occur. I would also think the same argument would obtain if the federal government wishes to allow faith based institutions to compete for federal dollars for social welfare services, provided the criteria for choosing who gets the money does not give bonus points or demerits for an institution being faith based.
Wow. From Christ to the anti-Christ; minister to lawyer.