But can you imagine a Utah legislature that sly and ruthless? Wooh! As far as I can tell, the motto of the state government is “Don’t make waves!” so the only people who ever come up with radical ideas are the ones so on the margins that they don’t know how to communicate and situate them.

http://goodoman.blogspot.com/2003_11_30_goodoman_archive.html#107046767001075521

Doesn’t Locke v. Davey involve an unconstitutional condition, in that the scholarship money (roughly $1500 a year) is not made available to a theology major even for his nonreligious courses and expenses? (Davey in fact had declared a double major, in business as well as pastoral ministries.) Or, to put the matter differently, a theology major cannot use his own resources to pay for his religious training without forfeiting the scholarship money that is available to other students. If so, doesn’t this distinguish the abortion funding cases, in the which the government declines to fund a particular activity as such? And doesn’t it further suggest that the Court should rule in Davey’s favor without having to reach the broader issue of whether a state can refuse to extend a general program of funding to religious instruction as such?