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Locke v. Davey

Docket No.: 02-1315
Certiorari Granted: May 19 2003
Argued: December 2, 2003
Decided: February 25, 2004

Topics:

Free Exercise of Religion, First Amendment, Article I, Bankruptcy, Bankruptcy Code, Equal Protection Clause, Establishment Clause, First Amendment, Fourteenth Amendment, Free Exercise, Freedom of Religion, Medicare, chapter 11, preliminary injunction, public schools, racial segregation, separation of church and state

PartyNames: Gary Locke, Governor of Washington, et al. v. Joshua Davey
Petitioner: Gary Locke, Governor of Washington, et al.
Respondent: Joshua Davey

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 299 F.3d 748. QUESTIONS PRESENTED The Washington Constitution provi des that no public money shall beappropriated or applied to religious instruction. Following this constitutional command, Washington does not grant college scholarships to otherwiseeligible 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?
Supreme Court Docket

Gary Locke, Governor of Washington, et al.
v.
Joshua Davey
540 U.S. 712 (2004)
Question Presented:

The Washington Constitution provi des that no public money shall beappropriated or applied to religious instruction. Following this constitutional command, Washington does not grant college scholarships to otherwiseeligible 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? CERT. GRANTED: 5/19/03

Question:

If a state provides college scholarships for secular instruction, does the First Amendment's free exercise clause require a state to fund religious instruction?

Note:

. CA 9, 299 F.3d 748.

Locke v. Davey
ORAL ARGUMENT

December 2, 2003

Holding: reversed
Decision: Decision: 7 votes for Locke, 2 vote(s) against
Vote: 7-2

Locke v. Davey
Case Documents

1Opinion in Locke v. Davey
2Slip Opinion in Locke v. Davey (Opinion by )
3Opinion in Locke v. Davey
Additional documents for this case are pending review.