Colorado Christian University Case and Davey

Does Locke v. Davey control the free exercise issue in this case?

• Is the burden on free exercise in this case the same as in Davey?
• Does it matter that the program in CCU "expressly discriminates among religions" by allowing scholarships to be used at "sectarian" religious colleges (such as the Catholic and Methodist colleges that were eligible under the program) but not at "pervasively sectarian" colleges (such as CCU and the Buddhist College excluded under the program)"?
• Do you agree with Judge McConnell when he says "Locke involved neither discrimination among religions nor intrusive determinations regarding contested religious questions." (p. 18)
• Are these issues Free Exercise issues, EC issues, or both? Even if both FEC and EC require denominational neutrality, the burden requirement may be different under the two clauses. In other words, the FEC under Davey is not implicated by minor burdens on free exercise, but denominational inequality under the EC may not require any burden (the denominational inequality per se triggers protection under Larson).