“Washington’s decision not to subsidize religious instruction to implement its state constitutional policy of separation of church and state does not infringe Davey’s right to seek a theology degree,’’ she wrote.

While Davey is a strong supporter of federalism, he says he thinks in this case Washington is violating his constitutional rights—and taking government intervention too far. He also says indirect funding isn’t a violation of the constitutional bans on state-sponsored religion.

“I don’t think it’s unconstitutional,” he says. “When they’ve set up a program like scholarships or vouchers that’s available to everyone, and then they come in and say you can’t be a part of it because you want to study religious views or go to a religious school, that’s unconstitutional.”

While a decision will likely not be handed down until May or June at the earliest, Zimmer says she thinks the final outcome will favor Davey—and she thinks a number of HLS professors would agree.

“I think that the Supreme Court will affirm the 9th Circuit Court’s opinion but that the decision will probably be fairly close, like 5-4, and hearing several law professors discuss the case, I think that they hold the same opinion,” she says.