Religious Discrimination in Plain Sight: Virginia Revokes Scholarship for Christian Major

Virginia revoked state tuition aid from Liberty University student Bethany Hall because she changed her major to one the state deemed “too religious.” Now a coalition of prominent legal groups is asking the U.S. Supreme Court to reverse a two-decade-old precedent that allows such blatant discrimination.

On Tuesday, August 11, 2026, the National Legal Foundation, Claybrook LLC, Troutman Pepper Locke, First Liberty Institute, and Alliance Defending Freedom filed a petition urging the Supreme Court to overrule its 2004 decision in Locke v. Davey, which held that states can withhold scholarships from students pursuing theology degrees.

Hall began her academic career as a music education major and qualified for $5,000 through Virginia’s Tuition Assistance Grant program. She later changed her major twice—first to youth ministries, then to music and worship—reflecting normal academic shifts. Virginia saw it differently and revoked her scholarship, claiming her religious course of study violated the First Amendment.

Jeremy Dys, senior counsel for First Liberty Institute, called the state’s action what it is: discrimination. “Excluding students from a state scholarship or grant simply because their choice of major is religious is discriminatory,” he said. “Locke betrayed the Founders’ commitment to religious liberty. The Supreme Court should formally overrule it.”

The case carries personal weight for one of Hall’s attorneys. Josh Davey was the respondent in the original Locke v. Davey case 22 years ago. Now an attorney with Troutman Pepper Locke and co-counsel in Hall v. Fleming, Davey knows exactly what Hall is experiencing. “Twenty-two years ago, the Supreme Court’s decision allowed states to single out students like me because our course of study related to our religious calling,” he said. “I am hopeful that the Court will correct that decision and treat students like Bethany equally.”

John Bursch, senior counsel and vice president of appellate advocacy at Alliance Defending Freedom, framed the issue plainly: “The government can’t deny publicly available benefits because a student’s major is too religious. That’s religious discrimination. It’s wrong, and it’s unconstitutional.”

Virginia offers a scholarship to students studying music education but revokes it when they study music and worship. The only difference is that one glorifies God. That’s not neutrality; that’s hostility. And twenty-two years after Locke v. Davey, it’s time the Supreme Court admits its mistake and corrects it.

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