Locke v. Davey Statement
Great Disappointment at the U.S. Supreme Court
We were greatly disappointed today by the decision issued by the United States Supreme Court in the case of Locke v. Davey. The Alliance Defense Fund has provided funding and legal support for this case from its outset until today’s decision.
This case involved the state of Washington’s denial of a "Promise" scholarship (for low-income/high-achieving students) for Joshua Davey – who had chosen to use his scholarship to major in theology from a "religious viewpoint." ADF and its allies are saddened that the High Court has ruled that Joshua Davey can be treated as a second-class citizen because of his decision to major in this area.
There is one silver lining however. Chief Justice William Rehnquist, writing for the majority, stated that there would be no violation of the Establishment Clause if the state of Washington had chosen to allow Davey to keep the scholarship. This is contrary to the "separation of church and state" mantra of the ACLU and its allies.
In his dissent, Justice Antonin Scalia talked about the ramifications of this ruling with regard to religious freedom: "One need not delve too far into modern popular culture to perceive a trendy disdain for deep religious conviction. In an era when the Court is so quick to come to the aid of disfavored groups, its indifference in this case, which involves a form of discrimination to which the Constitution actually speaks, is exceptional…What next? Will we deny priests and nuns their prescription-drug benefits on the ground that taxpayers’ freedom of conscience forbids medicating the clergy at public expense?...When the public’s freedom of conscience is invoked to justify denial of equal treatment, benevolent motives shade into indifference, and ultimately into repression."
We concur with Justice Scalia and ADF will continue to remain vigilant to ensure that this decision will not be used by the ACLU and its allies to further restrict the religious freedoms of all Americans.