Locke v. Davey

540 U.S. 714 (2004)

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Nature of the Case

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Facts

The Washington State Legislature created the Promise Scholarship Program, which provides a scholarship to eligible students for postsecondary education expenses. Students may spend their funds on any education-related expense, including room and board. The scholarship was worth $1,125 for academic year 1999-2000 and $1,542 for 2000-2001. The program specifically stated that no aid shall be awarded to any student who is pursuing a degree in theology. Davey (P), was awarded a Promise Scholarship, and chose to attend Northwest College, a private, Christian college affiliated with the Assemblies of God denomination, and is an eligible institution under the Promise Scholarship Program. P decided to pursue a double major in pastoral ministries and business management/administration. The pastoral ministries degree is devotional and therefore excluded under the Promise Scholarship Program. P then learned he could not use the Promise monies to pursue that degree. P brought an action under 42 U. S. C. §1983 to enjoin the State from refusing to award the scholarship solely because a student is pursuing a devotional theology degree and for damages. P claims that this denial violates the Free Exercise, Establishment, and Free Speech Clauses of the First Amendment, as incorporated by the Fourteenth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. The District Court denied P's request for a preliminary injunction. The parties filed cross-motions for summary judgment. The District Court granted summary judgment in favor of the State. The Ninth Circuit reversed. The court concluded that the State had singled out religion for unfavorable treatment and thus under Church of Lukumi Babalu the State's exclusion of theology majors must be narrowly tailored to achieve a compelling state interest. The Supreme Court granted certiorari.