Washington State established its Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. In accordance with the State Constitution, students may not use such a scholarship to pursue a devotional theology degree. Respondent Davey was awarded a Promise Scholarship and chose to attend Northwest College, a private, church-affiliated institution that is eligible under the program. When he enrolled, Davey chose a double major in pastoral ministries and business management/administration. It is undisputed that the pastoral ministries degree is devotional. After learning that he could not use his scholarship to pursue that degree, Davey brought this action under 42 U. S. C. §1983 for an injunction and damages, arguing that the denial of his scholarship violated, inter alia, the First Amendments Free Exercise and Establishment Clauses. The District Court rejected Daveys constitutional claims and granted the State summary judgment. The Ninth Circuit reversed, concluding that