Louisiana, North Carolina and Maine have given their blessings and money to students who want to study theology.
The three states use taxpayers’ dollars to finance the education of students wishing to pursue a theology degree or attend a university affiliated with a specific religion.
The University’s theology program is a part of the College of Arts and Sciences.
According to the office of Budget and Planning, in fall 2003, 72 undergraduate students were enrolled in the college under the philosophy and religious studies curriculum. 11 graduate students were enrolled under the curriculum.
George Elderidge, legal counsel for Louisiana’s Office of Student Financial Assistance, said the state’s constitution does not contain legal provisions blocking the distribution of public funds for religious degrees and institutions.
Elderidge said states such as Mississippi, Arkansas and Missouri have provisions against funding religion in their constitutions.
Article 8, section 208 of the Mississippi state constitution said “No religious or other sects or sects shall ever control any part of the school or other educational funds of this state.”
The Mississippi state constitution also said state funds will not be given to any school affiliated with a specific religion.
Whether or not states such as Mississippi should limit scholarship funds according to major has become an issue concerning the U.S. Supreme Court.
Currently, the Court is deciding the case of Locke vs. Davey — in which a Washington state college student had scholarship funds withheld when he switched his major to theology.
According to CNN.com, 36 states prohibit spending taxpayers’ dollars on religious education.
Elderidge said the issue with Louisiana arises from the distribution of funds for the Tuition Opportunity Program for Students.
Gus Wales, Office of Student Financial Assistance director of public information and communication division, said students who qualify for TOPS can receive money for school regardless of their major.
However, Joe Cook, executive director for the Louisiana American Civil Liberties Union, said the state’s use of TOPS is unconstitutional.
“The use of money for religious scholarships violates the establishment clause of the first amendment,” Cook said.
Wales said students who attend an eligible school and schools that are members of the Louisiana Association of Independent Colleges and Universities can have access to TOPS scholarship funds.
The ACLU, which believes strongly in the separation of church and state, is against using taxpayers’ money to support education at religious institutions, he said.
Elderidge said a number of schools eligible for TOPS have religious affiliations.
According to the LAICU Web site, member schools such as Centenary college, Our Lady of the Holy Cross and Loyola University are religiously affiliated. Many of LAICU schools are supported by Catholic and Baptist churches.
“We have all kinds of experience that show this is not a good idea for the state to get into business with one religion or religions,” Cook said.
If Louisiana continues to fund the religious education, eventually the state will have taxpayer-funded priests, rabbis and monks, he said. People who want to pursue a degree in theology should do so with private money.
“There are millions of people who don’t believe in religion, so why do they have to pay to support religion,” Cook said.
Wales said when distributing TOPS money the state makes no distinction between students and degree majors.
“As long as they are pursuing an academic degree — it does have to be academic — and as long as they are meeting the requirements to maintain the award,” he said.
Wales said he would not comment about opponents against financing religious education and the policies of other states.
Elderidge said he does
not have a problem with the legislation of the state.
“We treat everyone the same,” he said.
Public funds should not be used to discriminate, Elderidge said. The state of Louisiana will not discriminate against any religion.
“To say that we are going to deny providing students scholarships simply because they want to pursue a degree in religion at a public or private university is to deny some of [their] civil liberties,” he said.
Cook disagrees. He said the first amendment does not hinder religion, especially since we have the most religiously diverse nation in the world.
Cook said if Louisiana continues to finance religious institutions, the state will eventually favor one religion over others.
“There’s no way to accommodate for all religions,” Cook said.
Elderidge said, like the ACLU, Louisiana is protecting the rights of students to pursue whatever education they want to — even if it is religious education.
“Public funds can be used for certain purposes to fund religion,” Elderidge said.
He said he does not believe state legislatures finance sectarian education with the intent to promote one religion over others.
“The legislature passes this and we simply administrator them,” he said. “The intent of the legislature is unknown.”
Cook said he is not sure if the ACLU will challenge the states’ TOPS legislation.
“We have to wait and see what the Supreme Court does,” he said.