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Locke Vs. Davey

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  • US Supreme Court
  • Feb 25, 2004

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  1. Mueller Vs. Allen US Supreme Court · Jun 29, 1983
  2. Sherbert Vs. Verner US Supreme Court · Jun 17, 1963
  3. Church of Lukumi Babalu Aye, Inc. Vs. Hialeah US Supreme Court · Jun 11, 1993
  4. Mcdaniel Vs. Paty US Supreme Court · Apr 19, 1978
  5. Tilton Vs. Richardson US Supreme Court · Jun 28, 1971
  6. Craig Vs. Boren US Supreme Court · Dec 20, 1976
  7. Syllabus October Term, 2003 Locke V. Davey
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  8. Supreme Court of the United States Locke, Governor of Washington, Et Al. V. Davey
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  9. majors had to be narrowly tailored to achieve a compelling state interest under Church of Lukumi Babalu Aye, Inc. v. Hialeah
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  10. between the Establishment and Free Exercise Clauses. Walz v. Tax
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  11. service or rite. It neither denies to ministers the right to participate in community political affairs, see McDaniel v. Paty
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  12. nor requires students to choose between their religious beliefs and receiving a government benefit, see, e.g., Hobbie v. Unemployment
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  13. J., filed a dissenting opinion, in which Thomas, J., joined. Thomas, J., filed a dissenting opinion. Locke v. Davey
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  14. Opinion of the Court Locke V. Davey
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  15. Supreme Court of the United States No. 02-1315 Gary Locke, Governor of Washington, Et Al., Petitioners V. Joshua
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  16. had singled out religion for unfavorable treatment and thus under our decision in Church of Lukumi Babalu Aye, Inc. v. Hialeah
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  17. These two Clauses, the Establishment Clause and the Free Exercise Clause, are frequently in tension. See Norwood v. Harrison
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  18. U. S. 455 , 469 (1973) (citing Tilton v. Richardson
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  19. between them. Walz v. Tax
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  20. government funds and religious training is broken by the independent and private choice of recipients. See Zelman v. Simmons-Harris
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  21. Zobrest v. Catalina
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  22. Witters v. Washington
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  23. as prohibiting even indirectly funding religious instruction that will prepare students for the ministry, see Witters v. State
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  24. cf. Witters v. State
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  25. that question in the negative. He contends that under the rule we enunciated in Church of Lukumi Babalu Aye, Inc. v. Hialeah
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  26. rite. It does not deny to ministers the right to participate in the political affairs of the community. See McDaniel v. Paty
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  27. Hobbie v. Unemployment
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  28. Thomas v. Review
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  29. theology is akin to a religious calling as well as an academic pursuit. See Calvary Bible Presbyterian Church v. Board
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  30. see also J. Madison, Memorial and Remonstrance Against Religious Assessments, reprinted in Everson v. Board
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  31. Footnote 3 Davey, relying on Rosenberger v. Rector
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  32. United States v. American
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  33. Cornelius v. NAACP
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  34. of the Free Exercise Clause, however, we apply rational-basis scrutiny to his equal protection claims. Johnson v. Robison
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  35. see also McDaniel v. Paty
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  36. reprinted in Everson v. Board
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  37. see also Mitchell v. Helms
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  38. has also been solicitous in ensuring that its constitution is not hostile towards religion, see State ex rel. Gallwey v. Grimm
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  39. provides greater protection of religious liberties than the Free Exercise Clause, see First Covenant Church of Seattle v. Seattle
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  40. rejecting standard in Employment Div., Dept. of Human Resources of Ore. v Smith
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  41. Munns v. Martin
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  42. citing cases), for the reasons noted supra , the State has not impermissibly done so here. Locke v. Davey
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  43. Scalia, J., Dissenting Locke V. Davey
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  44. Justice Scalia, with whom Justice Thomas joins, dissenting. In Church of Lukumi Babalu Aye, Inc. v. Hialeah
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  45. against religion. I We articulated the principle that governs this case more than 50 years ago in Everson v. Board
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  46. out for disfavor in this fashion. Davey is not asking for a special benefit to which others are not entitled. Cf. Lyng v. Northwest
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  47. s decision in Witters v. Washington
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  48. s religious exercise, but we are not. See Employment Div., Dept. of Human Resources of Ore. v. Smith
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  49. concrete harm with other forms of discrimination, see, e.g. , Brown v. Board
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  50. cf. Craig v. Boren
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