WASHINGTON High court to hear religious education case

The Supreme Court will decide when states can pay for religious education.
WASHINGTON (AP) -- The Supreme Court says it is ready for another case of separation of church and state, this one to decide if tax money can be used to pay for a student's religious education.
In a follow-up to last year's landmark ruling upholding school voucher programs, the court agreed Monday to consider whether state constitutional spending restrictions are trumped by a person's freedom to practice religion, which is guaranteed in the U.S. Constitution.
At issue in the case is a Washington state scholarship program that helps high-achieving students pay for studies in fields such as business or engineering, but not theology. More than half the states, including Washington, have laws banning state spending for theology classes or constitutional restrictions on spending for religion.
About the case
Washington refused to let Joshua Davey participate in the Promise Scholarship program to help pay his tuition at Northwest College, which is affiliated with the Assemblies of God. The program allows grants to be used at that college and others associated with churches, as long as the student is not studying theology.
Davey, who wanted a grant to study theology, sued and won. Justices will hear an appeal from the state of Washington.
Washington Attorney General Christine Gregoire said in a court filing that the ban "does not impair Davey's free exercise of his religion -- he is free to believe and practice his religion without restriction."
Davey graduated this month at the top of his class and is attending Harvard Law School in the fall, school administrators said. Dan Neary, vice president at the college, said he deserved the $1,125 scholarship, regardless of his field of study.
"We're not talking about Sunday School. We're talking about a four-year accredited baccalaureate degree," Neary said.
Davey's attorney, Jay Sekulow, with the public interest law firm American Center for Law and Justice, said the restriction gives "religious studies and theology students almost second-class treatment. That's just not how the First Amendment is supposed to work."
Court's position
The Supreme Court has been sharply split in recent cases involving the constitutional principle of separation of church and state, approving limited use of taxpayer money at religious schools. The latest was a 5-4 ruling in which the court held that government vouchers are constitutional if they provide parents a choice among a range of religious and secular schools.
The Rev. Barry Lynn, executive director of Americans United for Separation of Church and State, said this case gives the court a chance to rule more broadly.
"This opens the possibility of new infusions of tax dollars to pay religious institutions," he said.
He said people who want to study to be preachers or clergy should not expect to have taxpayer help.
The court was told by Washington that other states with laws, or constitutional bans, include Alabama, California, Delaware, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Texas, Vermont, Wisconsin and Wyoming.
Lynn's group said other states with similar constitutional language include Alaska, Arizona, Colorado, Illinois, Indiana, Iowa, Kansas, Minnesota, Mississippi, Nebraska, New Hampshire, Pennsylvania, Utah and Virginia.