Cameron Johnson, et al. v. A. Scott Fleming, et al.

Summary

The United States District Court for the Eastern District of Virginia addresses constitutional challenges to Virginia’s Tuition Assistance Grant Program and Virginia National Guard State Tuition Assistance Program. The court grants the defendants’ motion to dismiss in part as to claims against the State Council defendants, relying on Locke v. Davey, but denies dismissal as to the Department of Military Affairs defendants because of the limited factual record. The court denies plaintiffs’ motion for a preliminary injunction, concluding that they are unlikely to succeed on the merits.

Holdings

1. The VTAG program's exclusion of state funding for programs providing religious training or theological education is constitutional under Locke v. Davey and does not violate the Free Exercise Clause, the Establishment Clause, or the Equal Protection Clause.
2. The complaint plausibly states Free Exercise, Establishment Clause, and Equal Protection claims against Ring and Unmussig at the motion-to-dismiss stage.
3. Johnson and Thomas lack standing to pursue claims concerning STAP because they did not allege that they applied for STAP grants and their injuries are not traceable to the Department defendants.
4. Plaintiffs are not entitled to a preliminary injunction requiring STAP funding or reimbursement.

Questions Presented

1. Whether the VTAG program's exclusion of funding for religious training or theological education violates the Free Exercise Clause, Establishment Clause, or Equal Protection Clause.
2. Whether the complaint plausibly states those constitutional claims against the administrators of the Virginia National Guard STAP program despite Locke v. Davey.
3. Whether Johnson and Thomas have standing to pursue claims concerning STAP after their claims against the VTAG administrators are dismissed.
4. Whether Plaintiffs are entitled to a preliminary injunction requiring tuition assistance or reimbursement.

Disposition

other