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First Amendment

2005

Mercer University School of Law

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Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson May 2005

Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson

Mercer Law Review

In Locke v. Davey, the United States Supreme Court held that a state-sponsored scholarship program that excluded students who were majoring in devotional theology did not violate the Free Exercise Clause of the United States Constitution. The Court's holding left a great deal of uncertainty on when states may withhold benefits on the basis of religion.