A Case of Church and State and the States

[Khephra]

A year and a half ago, in a landmark ruling on school vouchers, the Supreme Court decided that the Constitution permits indirect state funding of religious education. Now, in one of the most closely watched cases of this term, the question before the court is whether the Constitution sometimes requires it.

Tomorrow, the justices will hear oral arguments in Locke v. Davey, No. 02-1315, a case involving college scholarships distributed by the state of Washington to academically excellent low-income students -- except those who would use the money to study for a career in the clergy.

snip............

The state's policy, he says, discriminates against those who want to study the Bible as a divinely inspired document and violates his constitutional rights both to free speech and to the free exercise of religious faith.

The U.S. Court of Appeals for the 9th Circuit, based in San Francisco, agreed with Davey in a ruling last year. But Washington Gov. Gary Locke (D), in his appeal to the Supreme Court, notes that the state's own 1889 constitution specifically provides that "no public money . . . shall be appropriated for . . . religious . . . instruction." He argues that the states should be free to erect a higher wall between church and state than the federal Constitution, as interpreted by the Supreme Court, does.

more..........

http://www.washingtonpost.com/wp-dyn/articles/A23649-2003Nov30.html

[ayeshahaqqiqa]

1. And I bet this is where the SC leaves it

Haven't the Nine usually sided with giving the states more rights? I could see them agreeing with Gov. Locke. That way they uphold state's rights and don't have to vote on something too controversial this close to an election year.

[politicat]

2. And you may disagree with me, but I think they'd be right, regardless

that it's politically expedient to be hands off on it.

It is paying for religious instruction. The law looks pretty clear to me and reasonable within the framework of the precedent of cases on separation.

Politicat

[Gman]

3. The Nine usually side with giving the states more rights unless

the case is entitled Bush v Gore.

They'll do it when it's convenient and to the right wing's advantage.

[hayu_lol]

4. This old Washington law parallels an old Oregon law that stated...

the same thing. No public money for religious schools. In both states at that time(late 19th century), feeling ran high against those awful catholics starting religious schools...so the legislatures went ahead and forbid them. Of course, later, when it was convenient for the states to do so, they allowed religious schools both catholic and protestant.