Locke v. Davey | |
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Argued December 2, 2003 Decided February 25, 2004 | |
Full case name | Gary Locke, Governor of Washington, et al., Petitioners v. Joshua Davey |
Citations | 540 U.S. 712 (more) 124 S. Ct. 1307; 158 L. Ed. 2d 1; 2004 U.S. LEXIS 1626; 72 U.S.L.W. 4206; 17 Fla. L. Weekly Fed. S 163 |
Case history | |
Prior | |
Holding | |
A Washington publicly funded scholarship program which excluded students pursuing a "degree in theology" does not violate the Free Exercise Clause. | |
Court membership | |
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Case opinions | |
Majority | Rehnquist, joined by Stevens, O'Connor, Kennedy, Souter, Ginsburg, Breyer |
Dissent | Scalia, joined by Thomas |
Dissent | Thomas |
Laws applied | |
U.S. Const. amend. I |
Locke v. Davey, 540 U.S. 712 (2004), is a United States Supreme Court decision upholding the constitutionality of a Washington publicly funded scholarship program which excluded students pursuing a "degree in devotional theology". This case examined the "room ... between the two Religion Clauses", the Free Exercise Clause and the Establishment Clause.
Chief Justice William Rehnquist wrote the opinion of the court, with Justices Antonin Scalia and Clarence Thomas dissenting.