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Government is not required to aid religion.

Publication: Trial
Publication Date: 01-MAY-04
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Sometimes Supreme Court decisions are most important for what they don't do. This is certainly true of the Court's recent ruling in Locke v. Davey, which held that a state government can restrict its college scholarships to prevent them from being used by students studying for the ministry. (1)

Recently, the Court has expanded the government's ability to aid religious institutions. An example is its decision in Zelman v. Simmons-Harris, holding that students who attend parochial schools may use school vouchers. (2)

The Locke Court was urged to hold that the government must fund religious education if it funds secular studies. The Court's rejection of this position is a major victory for those who believe that there should be a wall separating church and state.

The Court emphasized that although a state government may constitutionally allow use of its scholarships for religious studies, it is not constitutionally required to do so. A contrary ruling would have dramatically changed the law: It would have meant that any time a state provides assistance to private secular entities, it would have to give the same aid to religious institutions. Ultimately, Locke means that governments at all levels may choose how they want to spend taxpayers'...

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