Becket Fund President Kevin J. Hasson issued the following statement today regarding the U.S. Supreme Court's decision in Locke v. Davey:
We're disappointed about this particular battle, but more optimistic than ever about the war. Today's Supreme Court decision in Locke v. Davey will have a very positive impact on cases involving Blaine Amendments (state constitutional provisions barring aid to "sectarian" schools) and "charitable choice" programs.
The Court went out of its way to emphasize (in footnote 7, citing The Becket Fund amicus brief) that the constitutionality of Washington's Blaine Amendment was "not at issue in this case". At the same time, it reaffirmed its long-standing principle that a law enacted as a result of hostility toward religion violates the constitution. And as we noted in our amicus brief in this case, seven of the nine sitting members of the Court have already acknowledged (in Mitchell v. Helms and Zelman v. Simmons-Harris) that Blaine Amendments were enacted out of nativist hostility to European immigrants and their religions. Thus, impending court challenges to state Blaine Amendments are, if anything, even stronger after today's decision.
Also important was the Court's statement that "there is no doubt that the State could, consistent with the Federal Constitution, permit Promise Scholars to pursue a degree in devotional theology." In other words, the Establishment Clause unquestionably allows governments to fund religious training, as long as it is the product of "the independent and private choice of recipients." Clearly, this bodes well for religious groups participating in charitable choice programs.
