Locke v. Davey, 540 U.S. 712, 4 (2004)

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

Opinion of the Court

Chief Justice Rehnquist delivered the opinion of the Court.

The State of Washington established the Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. In accordance with the State Constitution, students may not use the scholarship at an institution where they are pursuing a degree in devotional theology. We hold that such an exclusion from an otherwise inclusive aid program does not violate the Free Exercise Clause of the First Amendment.

The Washington State Legislature found that "[s]tudents who work hard . . . and successfully complete high school with high academic marks may not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient." Wash. Rev. Code Ann. § 28B.119.005 (West Supp. 2004). In 1999, to assist these high-achieving students, the legislature created the

tion of Southern Baptist Colleges and Schools et al. by Carter G. Phillips, Gene C. Schaerr, and Nicholas P. Miller; for the Becket Fund for Religious Liberty et al. by Kevin J. Hasson, Roman P. Storzer, and Anthony R. Picarello, Jr.; for the Black Alliance for Educational Options by Samuel Estreicher and Brett M. Schuman; for the Council for Christian Colleges & Universities et al. by Gregory S. Baylor and Thomas C. Berg; for the Fairness Foundation by Kenneth W. Starr, Robert R. Gasaway, and Ashley C. Parrish; for the Institute for Justice et al. by Richard D. Komer, Clint Bolick, and William H. Mellor; for the Landmark Legal Foundation by Richard P. Hutchison and Michael J. O'Neill; for Liberty Counsel by Mathew D. Staver and Rena M. Lindevaldsen; for the National Jewish Commission on Law and Public Affairs by Nathan Lewin, Dennis Rapps, David Zwiebel, Richard B. Stone, and Nathan J. Diament; for the National Legal Foundation by Barry C. Hodge; for the Solidarity Center for Law and Justice, P. C., by James P. Kelly III; and for Teresa M. Becker by Richard Thompson.

Briefs of amici curiae were filed for the Common Good Legal Defense Fund et al. by John G. Stepanovich and Keith A. Fournier; for the United States Conference of Catholic Bishops et al. by Mark E. Chopko and Jeffrey Hunter Moon; and for Robert S. Alley et al. by Steven K. Green.

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