Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Wednesday, February 25, 2004

The Supreme Court disappoints

The Court has ruled, 7-2, in Locke v. Davey, that the State of Washington may deny scholarship funds to otherwise eligible college students if those students declare a major in theology. The opinion is available here. Professor Eugene Volokh has a short, and correct, critique up at his blog. Particularly disappointing was the brush-off given by the Court to the anti-Catholicism that surrounded, animated, and motivated the Washington provisions at issue. (For more, see the recent work of, for example, John McGreevy and Philip Hamburger). My article (link on the right) on the "Theology of the Blaine Amendments" goes into more detail about the case. In a nutshell, I believe that the Court has (a) uncritically embraced a sectarian version of "separationism" and (b) has authorized discrimination by state actors against those who take their religious faith seriously. I welcome other reactions, though.

Rick

https://mirrorofjustice.blogs.com/mirrorofjustice/2004/02/the_supreme_cou.html

| Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d834515a9a69e200e5504107fa8833

Listed below are links to weblogs that reference The Supreme Court disappoints :

» Davey v. Locke and judicial imperialism from ProfessorBainbridge.com
Regular readers know that I am a frequent critic of judicial activism. I get a lot of email from critics of my position who argue that the Supreme Court should - and does - protect minorities from the "tyranny" of [Read More]

Tracked on Feb 25, 2004 12:44:20 PM

» Discrimination in the Name of Openness from Dust in the Light
It is reasonable to anticipate that, should gay civil marriage come to be, the next push will be to force religious institutions either to perform gay marriages or to disconnect from the ability to grant civil marital status as part... [Read More]

Tracked on Feb 25, 2004 4:09:33 PM