Freethought & Rationalism Archive

Toto · 07-21-2002, 11:09 PM

<a href="http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=ninthcircuit19m&date=20020719&query=t heology+student" target="_blank">Court: State can't deny aid to theology students </a>

Quote:

(snip)
The state constitution strictly defines the separation of church and state, and in the past, judges in Washington have blocked public dollars from going to religious causes or institutions, several constitutional-law experts said.

The 9th Circuit ruling may now change the way judges in Washington interpret separation of church and state, several law professors said.

For example, Mark DeSorrest, an instructor at Gonzaga School of Law, a private Catholic school, said the ruling marks a crucial victory for voucher advocates.

When the U.S. Supreme Court ruled last month that public tuition subsidies may be used in religious schools, the decision was widely seen as not affecting Washington because of its strict constitutional separation of church and state. But the 9th Circuit ruling opens the door for a court challenge, said DeSorrest, who specializes in First Amendment issues.

"It sets a strong precedent that the state is no longer allowed to discriminate on the base of religion," he said.

The student had a double major in business administration and pastoral studies. What an appropriate combo.

Decision is here:

<a href="http://caselaw.lp.findlaw.com/data2/circs/9th/0035962p.pdf" target="_blank">http://caselaw.lp.findlaw.com/data2/circs/9th/0035962p.pdf</a>

[ July 22, 2002: Message edited by: Toto ]</p>

RufusAtticus · 07-21-2002, 11:25 PM

Scholarships to college students are a tricky issue.

I think states do have rights to restrict scholarships based on majors. In other words, they can offer scholarships to study biology or study Latin. I do think offering scholarships to study theology would violate state endorcement.

However, in this instance it appears that the scholarship was indended to be a broad and need-based. As such, it probably is a violation to restrict theology students. It is even a more obiviously stupid, since he was majoring in something else. How does a student loose a scholarship simply because he picks up a second major? My guess is that this is the result of bad interpretion of a state law.

~~RvFvS~~

Shadowy Man · 07-23-2002, 08:22 AM

Will the 9th Circuit decision really change the way the judges in Washington interpret the separation of church and state? The decision is clearly based on the way that the judges in Washington have been interpreting the separation of church and state.

Undercurrent · 07-23-2002, 11:53 AM

Quote:

Originally posted by RufusAtticus:
<strong>I think states do have rights to restrict scholarships based on majors. In other words, they can offer scholarships to study biology or study Latin. I do think offering scholarships to study theology would violate state endorcement.
</strong>

I suppose that it would depend on how the theology was taught. If it was taught as "Christian doctorine says X", it isn't endorsing the religion, just describing it.

If it was taught as "X is true because christian doctorine says it, and christian doctorine is right" then the theology school is just shilling for christianity and trying to put an acadaemic face on it.

Unfortunatly, theology schools of the second kind, even in "real" universities, are all too common.

from the II quotations file:

Quote:

"If theology were a part of reasonably inquiry, there would be no
objection to an atheist's being a professor of theology. That a man's
being an atheist is an absolute bar to his occupying a chair of theology
proves that theology is not an open-minded and reasonable inquiry.
Someone may object that a professor should be interested in his subject
and an atheist cannot be interested in theology. But a man who
maintains that there is no god must think it a sensible and interesting
question to ask whether there is a god; and in fact we find that many
atheists are interested in theology."
Richard Robinson, "Religion and Reason" Critiques of God
(Buffalo, NY: Prometheus, 1997) pp. 117-18.

m.

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07-21-2002, 11:25 PM	#2
RufusAtticus Veteran Member Join Date: Nov 2001 Location: NCSU Posts: 5,853	Scholarships to college students are a tricky issue. I think states do have rights to restrict scholarships based on majors. In other words, they can offer scholarships to study biology or study Latin. I do think offering scholarships to study theology would violate state endorcement. However, in this instance it appears that the scholarship was indended to be a broad and need-based. As such, it probably is a violation to restrict theology students. It is even a more obiviously stupid, since he was majoring in something else. How does a student loose a scholarship simply because he picks up a second major? My guess is that this is the result of bad interpretion of a state law. ~~RvFvS~~

07-23-2002, 08:22 AM	#3
Shadowy Man Veteran Member Join Date: Jun 2002 Location: A Shadowy Planet Posts: 7,585	Will the 9th Circuit decision really change the way the judges in Washington interpret the separation of church and state? The decision is clearly based on the way that the judges in Washington have been interpreting the separation of church and state.

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