Davey v. Locke all over again
VOLOKH at mail.law.ucla.edu
Mon Dec 16 12:54:16 PST 2002
Any thoughts on what should be the right result in the following case, from
"A college junior who lost a Kentucky merit scholarship when he decided to
major in religion is suing the state, claiming it discriminates against
students wanting to obtain degrees in religious studies by denying them
funding[, violating their freedom of religion and speech and equal
"According to the lawsuit, Cumberland College junior Michael Nash was
awarded $2,900 under the Kentucky Educational Excellence Scholarship program
in his freshman and sophomore years.
"The lottery-funded scholarships, administered by the Kentucky Higher
Education Assistance Authority, go to high school students in the state as a
reward for good grades and college-board scores.
"In October, when Nash declared philosophy-religion as his major, the
private college notified him that the scholarship funding would be cut off
starting next semester, the suit said.
"The lawsuit is seeking to strike down regulations for the program that
prevent the state from awarding the scholarships to students seeking degrees
in theology, divinity or religious education, the suit said. . . .
"Rick Casey, general counsel for the education authority, . . . said the
restrictions on the use of scholarship funds are based on a section of the
state constitution that limits expenditure of public funds to aid any
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