Cominus.com :: State Ex Rel Gallwey V Grimm

In the past, God overlooked mans' ignorance, but now He commands all
people everywhere to repent. For He has set a day when He will judge
the world with justice by the Man, Jesus Christ; the One He has appointed.
He has given proof of this to all men by raising Him from the dead.
                                                                                        -Acts 17:30-31

State Ex Rel Gallwey v Grimm :: 146 Wn2d 445

Category: First Amendment

Until we get used to the premise that the government should not be taxing anyone to help put someone else through school, the question this case raises is whether it is a violation of the State and/or federal Constitution to allow State (taxpayer) money to be given toward the education of a student at a religious university. With the exception of a previous precedent where the student was training to be a minister, the high Court held that the “constitutional provision requiring that state schools maintained by public funds remain free from sectarian control or influence does not apply to institutions of higher education and that the program does not violate state or federal constitutional provisions guarding against governmental support of religious institutions.”

As we eluded to in our opening sentence, we disagree with government funding of education but as long as everyone is in the game for the government handouts, we disagree that a religious pursuit should disqualify a student, or school from receiving public funds. The Court agreed, for differing reasons. That the partial scholarship of any student to a religious institution could be construed that the institution was “maintained” by public funds is only a recent legal theory that has been built upon within the last generation and would have been ignored forty years ago. All the usual suspects rallied for Gallwey to paint religious education as a distinctly un-American activity.

Justice Madsen included a phrase worth noting but don’t expect her to maintain this position under fire: “Appropriate constitutional analysis begins with the text and, for most purposes, should end there as well.” [at 459, 460]

Rating the Usual Suspects:
passAlexander, Gerry  
passFischer, W Howard 
passHart, Maureen A 
passHickman, William R 
passJohnson, Charles  
passMadsen, Barbara  
passMasters, Kenneth  
passOwens, Susan  
passReiss, Michael  
passSanders, Richard  
passSmith, Charles  
passTrelstad, Bergitta K 
passWiggins, Charles K 
failAlkire, John D 
failBendich, Judith E 
failBerschauer, Daniel  
failBlankinship, John  
failBridge, Bobbe  
failBrooks, Russell C 
failBrowne, Sharon L 
failCaplan, Aaron H 
failChambers, Tom  
failGreen, Steven K 
failHayes, Frank P 
failIreland, Faith  
failLuchenitser, Alex J 
failMincberg, Elliot M 

«« Back To Case Reviews


JUD 1:4 [NIV] :: For certain men whose condemnation was written about long ago have secretly slipped in among you. They are godless men, who change the grace of our God into a license for immorality and deny Jesus Christ our only Sovereign and Lord.

SITE MENU
HOME

God's Call

Tandem Vincitur Firmly Established Isaiah's Warning Salvation - Who? Salvation - How? Prayers

Cominus' Agenda

Cominus Papers Under Tower Babel Blog Dean's Recipes Work For FOO

Judicial Forum

Judicial Reviews Judicial Ratings Judicial Elections Judicial Questions Justice Goodloe

Site Docket

Contact Us Privacy Policy Terms Of Use

Husky Floor Liners

Our Products:
Content Management
Domains For Lease
Diesel Database
For Sale File
Fun Feed
Bargain Patrol
Google Zoogle

Our Clients:
Extreme Coatings
KMSGC Pr Wash
Jack Case Cowboy
Idaho Truck Repair
Import Profile
Const'l Income
Truth In Taxation

Our Businesses:
Cougar Gulch Group
Unique Motif
Buy Cadillac
Idaho Contractor