[ Rehnquist ]
[ Scalia ]
[ Thomas ]
GARY LOCKE, GOVERNOR OF WASHINGTON,
PETITIONERS v. JOSHUA DAVEY
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
[February 25, 2004]
Justice Thomas, dissenting.
Because the parties agree that a
degree in theology means a degree that is
devotional in nature or designed to induce religious
faith, Brief for Petitioners 6; Brief for Respondent 8, I
assume that this is so for purposes of deciding this case.
With this understanding, I join Justice Scalias
dissenting opinion. I write separately to note that, in my
view, the study of theology does not necessarily implicate
religious devotion or faith. The contested statute denies
Promise Scholarships to students who pursue a degree in
theology. See Wash. Admin. Code
§25080020(12)(g) (2003) (defining an
Assuming that the State denies Promise Scholarships only to students who pursue a degree in devotional theology, I believe that Justice Scalias application of our precedents is correct. Because neither party contests the validity of these precedents, I join Justice Scalias dissent.