GARY LOCKE, GOVERNOR OF WASHINGTON, et al. v. JOSHUA DAVEY

Legal Principle at Issue

The Washington Constitution provides that no public money shall be appropriated or applied to religious instruction. Following this constitutional command, Washington does not grant college scholarships to otherwise eligible 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?

Action

Reversed. Petitioning party received a favorable disposition.