In what apparently is a change of direction in its recent rulings on the separation of church and state, the U.S. Supreme Court last week handed down a decision in the case of Joshua Davey, the Spokane, Washington Christian student who wanted a state-funded scholarship to study theology.
In recent church-state fights, the justices have " ... gradually allowed greater state sponsorship of religious activities ..." This time, by a 7-2 vote, the Court is allowing states to withhold such funds from divinity students like Davey.
There are 36 states in addition to Washington who prohibit spending public moneys on religious education. Those laws are often known as "Blaine Amendments" and date back to the 19th century when anti-Catholic passions were strong.
The majority opinion read in part: "The state of Washington is within its rights to deny a taxpayer-funded scholarship to a student studying to become a minister ... That applies even when money is available to students studying anything else ..."
The two justices who disagreed said in their dissenting opinion: "Let there be no doubt. This case is about discrimination against a religious minority ... its (the Court’s) indifference in this case, which involves a form of discrimination to which the Constitution actually speaks, is exceptional."
Rev. Barry W. Lynn of Americans United for Separation of Church and State commented: "This (ruling) erects an important barrier to efforts to fund school vouchers and faith-based programs."