Locke v. Davey, 540 U.S. 712, 2 (2004)

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Cite as: 540 U. S. 712 (2004)

Syllabus

any type of religious service or rite. It neither denies to ministers the right to participate in community political affairs, see McDaniel v. Paty, 435 U. S. 618, nor requires students to choose between their religious beliefs and receiving a government benefit, see, e. g., Hobbie v. Unemployment Appeals Comm'n of Fla., 480 U. S. 136. The State has merely chosen not to fund a distinct category of instruction. Even though the differently worded Washington Constitution draws a more stringent line than does the Federal Constitution, the interest it seeks to further is scarcely novel. In fact, there are few areas in which a State's antiestablishment interests come more into play. Since this country's founding, there have been popular uprisings against procuring taxpayer funds to support church leaders, which was one of the hallmarks of an "established" religion. Most States that sought to avoid such an establishment around the time of the founding placed in their constitutions formal prohibitions against using tax funds to support the ministry. That early state constitutions saw no problem in explicitly excluding only the ministry from receiving state dollars reinforces the conclusion that religious instruction is of a different ilk from other professions. Moreover, the entirety of the Promise Scholarship Program goes a long way toward including religion in its benefits, since it permits students to attend pervasively religious schools so long as they are accredited, and students are still eligible to take devotional theology courses under the program's current guidelines. Nothing in the Washington Constitution's history or text or in the program's operation suggests animus toward religion. Given the historic and substantial state interest at issue, it cannot be concluded that the denial of funding for vocational religious instruction alone is inherently constitutionally suspect. Without a presumption of unconstitutionality, Davey's claim must fail. The State's interest in not funding the pursuit of devotional degrees is substantial, and the exclusion of such funding places a relatively minor burden on Promise Scholars. If any room exists between the two Religion Clauses, it must be here. Pp. 718-725.

299 F. 3d 748, reversed.

Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 726. Thomas, J., filed a dissenting opinion, post, p. 734.

Narda Pierce, Solicitor General of Washington, argued the cause for petitioners. With her on the briefs were Christine O. Gregoire, Attorney General, William Berggren Collins,

713

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