Michigan theology student sues after state cuts her aid
By The Associated Press
02.07.03
YPSILANTI, Mich. — Teresa Becker got an unpleasant surprise when she declared her theology major at Ave Maria College.
The state told her it was cutting off her scholarship because religion students are ineligible. Now, she is suing to regain the aid.
Becker qualified for $2,750 from Michigan's Competitive Scholarship Program in 2001-2002, her sophomore year. She also received scholarship funds in her first year at Ave Maria.
But when she chose theology as her major last fall, the state notified her it was canceling her award.
According to Michigan law, students majoring in theology, divinity or religious education are ineligible for the competitive scholarships.
Becker said she is as worthy of a scholarship as those majoring in such subjects as golf course management, business administration and women's studies.
Backed by the Thomas More Law Center in Ann Arbor, Becker filed suit Feb. 3 in U.S. District Court in Ann Arbor against Gov. Jennifer Granholm and other state officials.
The suit says the exclusion policy violates Becker's rights to free speech and free exercise of religion guaranteed by the First and 14th amendments of the U.S. Constitution.
The office of Michigan Attorney General Mike Cox declined comment, saying it had not seen the lawsuit.
Pat Gillen, the lawyer handling Becker's case, said Becker "wasn't looking for a fight. She knows what she wants to study in college, and she wasn't going to allow the state to influence that decision."
Gillen said a "long line of Supreme Court decisions make it very clear" that the establishment clause of the First Amendment "does not prohibit the state from providing such aid to students, and the free exercise of religion clause prohibits the state from discriminating against those students."
Gillen also said the First Amendment is supposed to stop government discrimination based on religious beliefs and the Michigan scholarship law "turns the First Amendment on its head and makes the state the enemy of religion."
The law governing the scholarship program dates to 1964, and the provision excluding religion-related majors was added in an amendment in 1980.
Becker qualified for the scholarship based on her 3.78 high school grade point average, her ACT scores, her academic progress during her first two college years and other criteria. Before Becker was declared ineligible, her award was cut from $2,750 to $1,850 a year because of state budget cuts.
Similar state laws barring state scholarships to students choosing religion-related majors in Kentucky and Washington have been successfully challenged within the past year.
Kentucky state officials changed the policy after a lawsuit was filed challenging it, and the 9th U.S. Circuit Court of Appeals in San Francisco upheld a ruling that struck down the same policy in Washington.