October Term 2003 · Docket 02-1315
Can a state bar religious students from using public scholarships for ministry degrees?
Joshua Davey argues Washington State discriminates against religion by excluding ministry degrees from its scholarship program. Gary Locke argues the state constitution requires strict separation of church and state.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Narda Pierce argued for the state. She said the state constitution limits government involvement. She said this limit applies to funding religious activities. She said this preserves freedom of conscience.
Paul Olson argued for Davey. He said the program discriminates against religion. He said it disqualifies religious perspectives. He said the message discourages ministry careers. He cited the Rosenberger case. He said the state rejected similar arguments there.
Chief Justice Rehnquist asked if the case was submitted. He ended the oral argument session. He did not vote on the case.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
- Official Supreme Court Transcript — file page 61, lines 1-3 — Transcript, file page 61, lines 1-3
A citizen's guide to the whole case
What this case is about
Joshua Davey wants to use a state scholarship for a ministry degree. He argues the state discriminates against religion. Gary Locke wants to keep the state out of religious funding. He argues the state constitution bans this support.
Official sources for this section
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
How the case got here
The Supreme Court heard oral argument in this case on December 2, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 61, lines 1-3 — Transcript, file page 61, lines 1-3
What each side wants
Davey wants the state to fund his ministry degree.
Locke wants the state to keep funding away from religion.
Official sources for this section
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
What each side says
Davey argues the state discriminates against religious students.
Locke argues the state constitution bans religious funding.
Official sources for this section
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
What the justices asked
Does the state constitution require strict separation?
Does the program discriminate against religion?
Official sources for this section
- Official Supreme Court Transcript — file page 61, lines 1-3 — Transcript, file page 61, lines 1-3
Why it matters
This case defines state power over religious education. It shapes how states fund higher learning. It affects students choosing religious careers. It balances state neutrality with individual choice.
Official sources for this section
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 61, lines 1-3 — Transcript, file page 61, lines 1-3
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
- Official Supreme Court Transcript — file page 28, lines 43-27 — Transcript, file page 28, lines 43-27
- Official Supreme Court Transcript — file page 3, lines 17-39 — Transcript, file page 3, lines 17-39
- Official Supreme Court Transcript — file page 48, lines 21-47 — Transcript, file page 48, lines 21-47
- Official Supreme Court Transcript — file page 55, lines 29-1 — Transcript, file page 55, lines 29-1
- Official Supreme Court Transcript — file page 57, lines 35-11 — Transcript, file page 57, lines 35-11
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.