Notice that the Court unanimously now believes that "there is no doubt that the State could, consistent with the Federal Constitution, permit Promise Scholars to pursue a degree in devotional theology."
So the issue in Davey was not whether the EC permits states to include religious colleges and religious majors in a general scholarship program involving true private choice. There is "no doubt" about this--the states may do so!
Rather, Davey concerns whether the Free Exercise Clause requires states to include devotional theology majors in generally available scholarship programs such as Washington's Promise Scholarship Program. Does discriminatory exclusion of devotional theology majors such as Joshua Davey impose a substantial burden on free exercise triggering strict scrutiny under Lukumi? The Court says no, the burden is slight not substantial.
Question: Suppose a state does not provide any scholarships for college students. If such a state imposes a $1000 per annum tax on students pursuing a degree in devotional theology, does it violate the Constitution?
Or, suppose the state offered a $1000 per annum payment to college students who agreed not to major in devotional theology? Or a $1000 payment to students who agree not to attend religious services during the year?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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