December 3, 2003
THE NATION
Taxes, Church Collision Splits Court
The justices debate whether public funds can pay for a student's clergy education.
By David G. Savage, Times Staff Writer
WASHINGTON — The Supreme Court, obviously divided, argued Tuesday over whether the Constitution sometimes requires the government to use tax money to help pay for the training of religious clergy, even when taxpayers oppose the idea.
It "is the plainest form of religious discrimination" to deny a state scholarship to a college student who is studying to become a minister, Solicitor Gen. Theodore B. Olson, arguing for the Bush administration, said.
He was joined by Jay Alan Sekulow, a lawyer for the American Center for Law and Justice, who argued the state "must not target religion for exclusion." They were speaking for Joshua Davey, a student who won a Washington state scholarship and chose to attend Northwest College in Kirkland, which is affiliated with the Assemblies of God. When Davey said he would major in theology and become a minister, state officials told him they were withdrawing the scholarship, because state law forbids public funding of religious instruction.
But it was clear Tuesday the justices knew the case of Locke vs. Davey was far larger than a dispute about a scholarship. (snip/...)
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