You have to read the opinion.
First, the majority opinion didn't say that states
had to deny such scholarships, only that they
could; in other words, that there was a rational, nondiscriminatory reason for it.
Second, there is a distinction between a theology
course and a theology
major leading to a divinity degree.
Third, there is a difference between a college whose principal charge is to train people for the ministry, and a church-related college that offers a general education.
Finally, it has to be admitted that there are others out there,
Eugene Volokh included, who think that Justice Scalia had the better of it in his minority opinion.
Quote:
I can get training to be an activist judge but I may not be trained to become a pastor?
therefore judge is more valuable than pastor???
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Epidemic, I don't know what law school you'd go to in order to get trained to be an "activist judge". And "valuable" doesn't enter into it, or you wouldn't be able to get a scholarship to study sociology.
edited to correct "Thomas" to read "Scalia"