Decision extends student aid

Students can use certain state financial aid at religious-based colleges without violating the constitutional separation of church and state, the Washington State Supreme Court ruled yesterday.

In a 6-3 decision, the court ruled that state residents can continue to use an Educational Opportunity Grant, about $2,500 annually, to attend a college with religious affiliation because higher education is exempt from the separation provision in the state constitution.

The state constitution stipulates that "all schools" receiving public funds cannot be under "sectarian control or influence." But the court ruled that article was intended for kindergarten through 12th-grade schools.

But the American Civil Liberties Union of Washington argues that the term "all schools" includes colleges and universities.

"We believe the money should go to them and not to private schools providing religious instructions," said ACLU spokesman Doug Honig.

In 1995, the ACLU and Washington State University professor Mary Gallwey sued the state for using the grants to support students in church-affiliated colleges.

Thurston County Superior Court Judge Daniel Berschauer ruled in favor of the ACLU but suggested the state Supreme Court resolve the dispute.

State officials said the grants, started in 1990, must go to needy students but cannot go to students in programs that include religious worship, seminarian or theological studies.

This year, 352 of the 971 students receiving the grants attend private schools, some of which have religious affiliations.

"For many of these students, the EOG means the difference between getting a degree or having to drop out of school," said Marc Gaspard, executive director of the Higher Education Coordinating Board.

Information from The Associated Press is included in this report.

Tan Vinh can be reached at 206-515-5656 or tvinh@seattletimes.com.