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DAVEY v. LOCKE

No. 00-35962.

299 F.3d 748 (2002)

Joshua DAVEY, Plaintiff-Appellant, v. Gary LOCKE, Gov., individually and in his official capacity; Marcus S. Gaspard, individually, and in his official capacity as Executive Director of the Higher Education Coordinating Board; Bob Craves, individually, and in his official capacity as Chair of the Higher Education Coordinating Board; John Klacik, individually, and in his official capacity as Associate Director of the Higher Education Coordinating Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2002.

Attorney(s) appearing for the Case

Stuart J. Roth, The American Center for Law and Justice, Mobile, Alabama, and Kevin H. Theriot, The American Center for Law and Justice, Virginia Beach, VA, for the plaintiff-appellant.

Michael J. Shinn, Assistant Attorney General, Seattle, WA, for the defendants-appellees.

Before: RYMER, McKEOWN, and GOULD, Circuit Judges.

RYMER, Circuit Judge.

This appeal challenges Washington law that denies a statefunded "Promise Scholarship" to students who are qualified for it by virtue of high school grades, family income, and attendance at an accredited college in the state, solely because the student decides to pursue a degree in theology.

Joshua Davey was awarded the Scholarship but lost it when he declared a major in Pastoral Ministries at Northwest College. He claims that this was...

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