540 U.S. 712 (2004).

One-Sentence Takeaway: The does not require states to fund religious instruction even when they fund comparable secular studies.

Summary: In Locke, the Supreme Court rejected a free exercise challenge to a Washington state law that barred state scholarship aid from being used for a devotional theology degree.

Although the law was not facially neutral with respect to religion, the Court held that it did not violate the Free Exercise Clause because it imposed neither criminal nor civil sanctions on any type of religious service or rite. It did not deny to ministers the right to participate in the political affairs of the community. And it did not require students to choose between their religious beliefs and receiving a government benefit. The State had merely chosen not to fund a distinct category of instruction.

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