Columbia Union College v. Clarke

Background

Maryland runs a program that gives per-student financial aid to many private colleges. The State rejected one school, a Seventh-day Adventist–affiliated liberal arts college, saying it was too religious to participate. The college sued, saying the exclusion violated its rights, and the lower courts found the State’s action raised constitutional concerns while also applying an old test that bars aid to institutions deemed "pervasively sectarian."

Reasoning

The central question is whether a state may refuse neutral student aid to a college because the school integrates religion throughout its campus life. Justice Thomas’s dissent argues the old "pervasively sectarian" test is inconsistent with later decisions that permit religious institutions to receive neutral public benefits. He cites multiple prior cases that allowed religious groups or students to get government support when the rules were neutral and not hostile to religion. The Supreme Court, however, declined to take the case, so it did not resolve the constitutional disagreement.

Real world impact

Because the Court refused review, the State’s exclusion stands for now and students at similar faith-based schools may remain ineligible for this aid. The dissent warns that lower courts and several states are applying different rules, creating ongoing uncertainty for religious colleges, students, and state aid programs. This outcome is not a final ruling on the merits and the issue could return to the Court later.

Dissents or concurrances

Justice Thomas urged the Court to abandon the pervasively sectarian test, calling it discriminatory and urging clarity to prevent hostility toward religious institutions.