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LOCKE v. DAVEY

No. 02-1315.

540 U.S. 712 (2004)

LOCKE, GOVERNOR OF WASHINGTON, ET AL. v. DAVEY.

Supreme Court of United States.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Narda Pierce, Solicitor General of Washington, argued the cause for petitioners. With her on the briefs were Christine O. Gregoire, Attorney General, William Berggren Collins, Senior Assistant Attorney General, and Michael J. Shinn, Assistant Attorney General.

Jay Alan Sekulow argued the cause for respondent. With him on the brief were Stuart J. Roth, Colby M. May, James M. Henderson, Sr., Walter M. Weber, David A. Cortman, Alan E. Sears, and Benjamin W. Bull.

Solicitor General Olson argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Acosta, Deputy Solicitor General Clement, Gregory G. Garre, David K. Flynn, and Eric W. Treene.*

REHNQUIST, C. J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed a dissenting opinion, in which THOMAS, J., joined, p. 726. THOMAS, J., filed a dissenting opinion, p. 734.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

The State of Washington established the Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. In accordance with the State Constitution, students may not use the scholarship at an institution where they are pursuing a degree in devotional theology. We hold that such an exclusion from an otherwise inclusive aid program...

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