On Tuesday Thomas Holloway moved to dismiss a DWI charge against him because the Duke University Police who arrested him are an unconstitutional violation of the First Amendment’s Establishment Clause. Holloway argued that Duke University is a religious institution, pointing to its charter and university by-laws as evidence.
Many of the trustees at Duke University are appointed by the Methodist Church:
“Of the thirty-six elected trustees, twelve shall be elected by the North Carolina Conference of the United Methodist Church; twelve by the Western North Carolina Conference of the said church; and twelve by the graduates of said University.”
The university by-laws demonstrate a significant involvement with Christianity:
“The aims of Duke University are to assert a faith in the eternal union of knowledge and religion set forth in the teaching and character of Jesus Christ, the Son of God.”
Holloway’s brief includes an eight page argument on why Duke University is a religious institution, claiming that the First Amendment’s Establishment Clause forbids a religious institution from enforcing state laws. The police who enforce state laws, like the driving while intoxicated law, are an allegedly impermissible tie between church and state.
Holloway, a 19-year-old Durham resident, was pulled over by police in Durham, N.C. as suspicion of drunk driving. The police arrested him and charged him with driving while intoxicated and for possession of alcohol under 21 years of age.
Durham’s case largely follows a similar suit against Davidson College for violating the Establishment Clause by enforcing state laws with university police. The Davidson case is currently appeal before the North Carolina Court of Appeals. The arguments in the Duke case closely follow those in the Davidson College case; the upcoming decision by the Court of Appeals is expected to highly influence the Holloway’s suit against Duke.
Eagleionline Question(s) of the Day: Is Duke University a Religious Institution? Does this mean Boston College’s police department is also unconstitutional?
