CHARLESTON, W.Va. — West Virginia Attorney General JB McCuskey is leading a 20‑state coalition challenging Virginia’s decision to bar students in certain religious degree programs from receiving state scholarship funds. The coalition filed an amicus brief in Johnson v. Fleming, arguing the restrictions violate the First Amendment’s Free Exercise Clause.
The case involves three students who were denied scholarship eligibility because their academic programs were deemed “too religious.” The plaintiffs include Cameron Johnson, who is studying pastoral leadership while considering careers in real estate and nonprofit work; Luke Thomas, a music and worship major; and Trace Stevens, a Virginia National Guard member pursuing religious studies to qualify as a chaplain. Their attorneys argue that Virginia funds comparable secular programs but excludes theirs solely based on religious content.
McCuskey said the coalition is supporting the students to ensure states do not force individuals to choose between their faith and access to public benefits. Virginia has cited the U.S. Supreme Court’s Locke v. Davey decision, which allowed Washington State to exclude ministerial training from a scholarship program. The coalition argues the ruling does not apply because the students are not training exclusively for ministry and their degrees lead to a range of career paths.
The brief warns that upholding Virginia’s policy could affect scholarship programs nationwide by requiring states to determine which degrees are “too religious” to fund. The coalition is asking the Fourth Circuit Court of Appeals to overturn a lower‑court ruling that upheld the exclusions.
States joining West Virginia include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, South Carolina, South Dakota, Tennessee, Texas and Utah.
