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Public Funding For Theological Training Under The Free Exercise Clause: Pragmatic Implications And Theoretical Questions Posed To The Supreme Court In Locke V. Davey, Katie Axtell

Seattle University Law Review

Part II of this Note presents the factual background and procedural history of Davey v. Locke. Part III discusses the Free Exercise Clause of the First Amendment. Section A provides a basic background on the Supreme Court's free exercise jurisprudence. Section B applies the Court's precedent to Davey, and concludes that the Ninth Circuit sidestepped a true "prohibition" analysis. Sections A, B, and C of Part IV discuss the differing neutrality examinations within free exercise, free speech, and establishment jurisprudence, respectively. Section D discusses the overlapping application of neutrality criteria in establishment and free speech funding cases. Section E concludes …