Supreme Court hears case on religion, education

? The Supreme Court appeared to seek a middle ground Tuesday in a dispute over whether the First Amendment sometimes compels public funding of religious education.

Already, the justices have signed off on the use of public-school vouchers for religious elementary and secondary schools. Now the high court is considering whether publicly funded scholarships must be granted to students who want to study to become ministers.

Lawyers for Joshua Davey and the Bush administration said the state of Washington was punishing Davey for his beliefs when it yanked his state merit scholarship because he decided to pursue a major in pastoral ministry. Theodore Olson, the Bush administration’s top litigator, called the action the “plainest form” of religious discrimination and a clear violation of the First Amendment.

Washington state Solicitor General Narda Pierce countered that the state was respecting limits imposed by its Constitution. The state acted, Pierce said, with the goal of “protecting freedom of conscience” among its citizens. “People should not be forced to provide public funds for religious purposes,” she said.

The Davey case is a follow-up to the court’s major ruling last year that allowed parents to use public tax money to send their children to religious schools. A ruling in Davey’s favor would make it easier to use vouchers in many states, because it could overturn provisions in state constitutions like the one at issue in Washington.

Like 36 other states, Washington prohibits spending public funds on this kind of religious education. Bans on public funds for religious education, often known as Blaine amendments, date to the 19th century when anti-Catholic sentiment ran high.