On Wed, 25 Feb 2004 15:33:42 -0500, buckeye_ELO.RemoveThis@nospam.net, Message ID:
<ik1q3055v19pv7s7ufesb703f9bfhmgcv2.RemoveThis@4ax.com> wrote in alt.atheism;
>
>US Top Court Upholds Religion Scholarship Ban
>http://wireservice.wired.com/wired/story.asp?section=Breaking&storyId=825564&tw=wn_wire_story
>
>This means all those state "Blaine" amendments in state constitutions
>stand. The court rejected the discrimination argument advanced by ACLJ's
>Jay Skeulow
>
>That means that the voucher battle will continue to be fought on the state
>level and that in various states vouchers can be held to be
>unconstitutional as per the state Constitution.
>
>What is really remarkable is Rehnquist wrote the Majority opinion. I am
>impressed, :O)
>
>It has been some time since the USSC ruled in favor of strict separation
>with regards to public money and religion pertaining to schools be it k-12
>or higher ed.
>
>Where is Malcolm now?
>
>Now, in recent years anyways, when the USSC had two church state cases it
>has usually split them, ruling in favor od separation for one and against
>for the other.
>
>This will be interesting to see how the Pledge case goes now.
>Will it be a split one for and one against separation or a clean sweep for
>separation this year?
/article
Wednesday, February 25, 2004 2:14 p.m. ET
By James Vicini
WASHINGTON (Reuters) - The U.S. Supreme Court upheld on Wednesday a
government scholarship program that bars any money for college students
who pursue a degree in theology, an important ruling reaffirming
church-state separation.
By a 7-2 vote, the high court declared Washington state's program does
not violate the constitutional right to the free exercise of religion.
The program, which gives scholarships to needy and academically gifted
students, excludes vocational religious instruction.
The ruling has national significance as Washington is one of about 37
states to forbid public financing of religious instruction. It was a
departure from a series of recent rulings that allowed more state
involvement with religious activities.
Groups advocating church-state separation hailed the ruling for
reaffirming that states cannot be forced to fund religious instruction.
Those who challenged the program denounced the decision that "clearly
sanctions religious discrimination."
A degree in theology means the degree would be "devotional in nature and
designed to induce religious faith," training the student for the
clergy, according to the ruling. The student at issue in the case wanted
to become a church pastor.
"Training someone to lead a congregation is an essentially religious
endeavor," Chief Justice William Rehnquist said in the opinion. "Indeed,
majoring in devotional theology is akin to a religious calling as well
as an academic pursuit."
The ruling was a defeat for Joshua Davey, who was awarded a scholarship
in 1999 under the state's Promise Scholarship Program for high school
graduates.
Davey enrolled in Northwest College, a Christian school affiliated with
the Assembly of God in Kirkland, Washington. He declared a double major
in business and pastoral ministries.
When Davey learned students who pursue a degree in theology cannot
receive any state-funded financial aid, he gave up the scholarship so he
could pursue the major. Davey then sued.
STATE CHOOSES NOT TO FUND RELIGIOUS INSTRUCTION
Rehnquist wrote in the 12-page opinion that the state has merely chosen
not to fund a distinct category of religious instruction.
He said most states around the time of the founding of the country
placed formal prohibitions against using tax funds to support the
ministry.
Nothing in the history of the law or the operation of the program
suggested animosity toward religion, Rehnquist said.
Justices Antonin Scalia and Clarence Thomas dissented. Scalia said the
program discriminated against religion.
Scalia wondered what would happen next.
"Will we deny priests and nuns their prescription drug benefits on the
ground that taxpayers' freedom of conscience forbids medicating the
clergy at public expense?"
The Rev. Barry Lynn of the group Americans United for Separation of
Church and State said, "This ruling is a huge defeat for those who want
to force taxpayers to pay for religious schooling and other ministries."
Jay Sekulow, chief counsel of the American Center for Law and Justice
who argued the case for Davey, said the decision "clearly sanctions
religious discrimination."
He said the court "missed an important opportunity to protect the
constitutional rights of all students."
Davey, who graduated from the college, changed his mind about a career
as a minister. He decided he wanted to be an attorney, and is enrolled
at Harvard University's law school.
Copyright © 2003 Reuters Limited.
Stoney
"Designated Rascal and Rapscallion
and
SCAMPERMEISTER!"
When in doubt, SCAMPER about!
When things are fair, SCAMPER everywhere!
When things are rough, can't SCAMPER enough!
/end humour alert
alt.atheism military veteran #11
{so much for the 'no atheists in foxholes' rubbish}
>> Stay informed about: Major setback for religious right 
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