How the Case Arrived at the Supreme Court
In 1999, the State of Washington created the Promise Scholarship program. This program was designed to provide financial assistance to economically needy, academically gifted high school students who attend college in Washington. The program's funds are made available to all qualifying students and can be used at any accredited institution in the state.

Joshua Davey was awarded a Promise scholarship in 1999. He satisfied all the programs requirements: he graduated from highschool in the top ten percent of his class, his family met the financial criteria, and he chose to attend a private college located in Washington. Nevertheless, when Joshua declared a major in theology, the state refused to disburse the funds.

The American Center filed a lawsuit in federal district court arguing that the state's discriminatory disqualification of Joshua from receipt of Promise Scholarship funds solely because he declared a degree in theology violated his constitutional right to freedom of religion. The district court sided with the State of Washington. On appeal, the Ninth Circuit Court of Appeals reversed the district court by a 2-1 vote. The State of Washington took the case to the Supreme Court, which agreed to hear it. Oral arguments before the Supreme Court were December 2, 2003.

A Clear Violation of Joshua Davey's Constitutional Rights
Locke v. Davey is a clear-cut example of religious discrimination. The Promise Scholarship was created for the laudable goal of assisting students in obtaining a college education. There is one exception, however. Washington will assist every qualifying student except those pursuing a degree in theology taught from a religious perspective.

Joshua Davey is a committed Christian who chose his college and degree based on his religious beliefs. Joshua had planned for many years to be a pastor and decided to attend a Bible college and pursue a degree in theology to prepare himself for a lifetime of service in the ministry. Because Joshua acted on this religious belief in his choice of college major, the State of Washington stripped him of his scholarship funds.

The Supreme Court has made it clear in numerous cases that such conduct by the state violates the Free Exercise Clause of the United States Constitution. Under that clause, a state cannot condition the receipt of a public benefit on a recipient's willingness to violate his religious beliefs. Here, Washington explicitly conditions the receipt of the Promise Scholarship on a recipient's willingness to forgo pursuing a degree in theology. Such discrimination is a clear violation of the Free Exercise Clause.