Supreme Court allows states to deny
divinity scholarships
USA Today
February 25, 2004
WASHINGTON (AP) —
The Supreme Court, in a new rendering on separation of
church and state, voted Wednesday to let states withhold
scholarships from students studying theology.
The court's 7-2
ruling held that the state of Washington was within its rights
to deny a taxpayer-funded scholarship to a college student who
was studying to be a minister. That holding applies even when
money is available to students studying anything else.
"Training someone
to lead a congregation is an essentially religious endeavor,"
Chief Justice William H. Rehnquist wrote for the court
majority. "Indeed, majoring in devotional theology is akin to
a religious calling as well as an academic pursuit."
The case is a
departure from recent church-state fights in which the Supreme
Court has gradually allowed greater state sponsorship of
religious activities. Rehnquist is usually a supporter of that
idea.
Wednesday's case
has implications for President Bush's plan to allow more
church-based organizations to compete for government money,
and the Bush administration argued that the state had been
wrong to yank the scholarship from former student Joshua Davey.
Davey won a state
Promise Scholarship, but the state rescinded the money when it
learned what he planned to study.
Like 36 other
states, Washington prohibits spending public funds on this
kind of religious education. Bans on public funds for
religious education, often known as Blaine amendments, date to
the 19th century, when anti-Catholic sentiment ran high.
"It imposes neither
criminal nor civil sanctions on any type of religious service
or rite," the high court majority said.
"It does not deny
to ministers the right to participate in the political affairs
of the community. And it does not require students to choose
between their religious beliefs and receiving a government
benefit. The state has merely chosen not to fund a distinct
category of instruction."
Justices Antonin
Scalia and Clarence Thomas dissented.
"Let there be no
doubt: This case is about discrimination against a religious
minority," Scalia wrote for the two.
"In an era when the
court is so quick to come to the aid of other disfavored
groups, its indifference in this case, which involves a form
of discrimination to which the Constitution actually speaks,
is exceptional."
Scalia said the
court's majority was trying to play down the damage to Davey,
who continued his education without the subsidy. He did not
choose to enter the ministry after graduation, and is now in
law school.
"The indignity of
being singled out for special burdens on the basis of one's
calling is so profound that the concrete harm produced can
never be dismissed as insubstantial," wrote Scalia, the father
of a Catholic priest.
Davey's lawyers
argued that the state violated his constitutional right to
worship freely.
A broad ruling that
Davey had a constitutional right to the scholarship money
could have forced a vast reordering of government spending, to
ensure that government did not exclude religious programs or
organizations.
The Bush
administration had argued that the implications were less
dramatic.
The Davey case is a
follow-up to the court's major ruling two years ago that
allowed parents to use public tax money to send their children
to religious schools. A ruling in Davey's favor would have
made it easier to use vouchers in many states, because it
could overturn provisions in state constitutions like the one
at issue in Washington.
The Davey case was
in many ways the flip side of the voucher argument. It asked
not whether governments can use tax money to underwrite
religious education, as the voucher question did. Instead, the
Davey case asked whether, when money is available, it must be
available for religious and secular studies alike. |