In the amicus brief that Doug Laycock, Greg Baylor, and I filed in Davey, we argued that this kind of determination (what’s “objective” enough and what’s too “devotional”) would entangle the state in discretionary, theologically sensitive questions and constituted another strike against the Washington exclusion (in addition to its being discriminatory and an unconstitutional condition).  We didn’t know then what the state did with Gonzaga – we used out-of-state examples of schools whose theology departmental statements of purpose combine a significant faith orientation with a degree of historical/critical study – and I still don’t know.

 

-----------------------

Thomas C. Berg

Professor of Law

Co-Director, Terrence J. Murphy Institute

     for Catholic Thought, Law, and Public Policy

University of St. Thomas School of Law

MSL 400 -- 1000 La Salle Avenue

Minneapolis, MN  55403-2015

Phone: (651) 962-4918

Fax: (651) 962-4996

E-mail: [EMAIL PROTECTED]

-------------------------------------------------------

 

 

 

-----Original Message-----
From: Douglas Laycock [mailto:[EMAIL PROTECTED]
Sent: Wednesday, January 11, 2006 9:59 AM
To: Law & Religion issues for Law Academics
Subject: RE: Locke v. Davey Question

 

To particularize the question, what do they do with Gonzaga?

 

Douglas Laycock

University of Texas Law School

727 E. Dean Keeton St.

Austin, TX  78705

   512-232-1341 (phone)

   512-471-6988 (fax)

 

 


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Wednesday, January 11, 2006 9:51 AM
To: Law & Religion issues for Law Academics
Subject: Locke v. Davey Question

This is a factual question about Washington's denial of Promise Scholarship funding to students, like Josh Davey,  who are pursuing a degree in "devotional theology."

 

Does anyone know whether Promise Scholars at Catholic universities in Washington are denied funding if they major in theology or religious studies? In other words, if a school like Notre Dame were located in Washington, would its theology students be disqualified from the Promise Scholarship Program because theology is taught from a "devotional" perspective? Or is their approach sufficiently "objective" to escape exclusion as "devotional?"

 

What about a school like Yale and it's Divinity studies program? Eligible for funding because not "devotional?"

 

Rick

 

Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902

 


"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner


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