The following is a first draft of one of the mini-chapters from an upcoming book covering the major "wall of separation" cases related to public education over the past century. The working title is "Have To" History: It Followed Her To School One Day...
We'll see how it actually turns out.
Worth A Look: Locke v. Davey (2004)
The Religion Clauses of the First Amendment provide: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” These two Clauses, the Establishment Clause and the Free Exercise Clause, are frequently in tension… Yet we have long said that “there is room for play in the joints” between them (Walz v. Tax Comm'n of City of New York, 1970). In other words, there are some state actions permitted by the Establishment Clause but not required by the Free Exercise Clause.
This case involves that “play in the joints” described above… {T}here is no doubt that the State could, consistent with the Federal Constitution, permit Promise Scholars to pursue a degree in devotional theology… The question before us, however, is whether Washington, pursuant to its CONTINUE READING: Worth A Look: Locke v. Davey (2004) - from "It Followed Her To School One Day..." | Blue Cereal Education
