“PRAY IN PRIVATE,” say Liberal Justices

On Monday, The Supreme Court ruled that a former Washington state high school football coach did in fact, have a right to pray on the field immediately after games. 

Former Coach Joseph Kennedy argued that the Bremerton School District in Washington state violated his religious freedom by telling him he couldn’t pray on the field after games.

The 6-3 ruling was a win for Joseph Kennedy, who claimed that the Bremerton School District violated his religious freedom by telling him he couldn’t pray publicly after the games.

Former Bremerton High School football coach Joe Kennedy. (Courtesy photo)

The school district said it was trying to avoid the appearance that the school was endorsing a religious point of view.

“Both the Free Exercise and Free Speech Clauses of the First Amendment protect expressions like Mr. Kennedy’s,” Justice Neil Gorsuch wrote in the majority opinion. “Nor does a proper understanding of the Amendment’s Establishment Clause require the government to single out private religious speech for special disfavor. The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike.”

One issue in the case was whether the coach’s decision to pray in a place as prominent as the 50-yard line.

The coach wanted a private moment to give thanks or a public demonstration of his religious faith that his players may have felt compelled to join.

Kennedy urged the Supreme Court to find that he was acting on his own behalf, expressing his own religious views, not speaking as a mouthpiece for the school. But the school district said the students on the football team looked up to their coach and felt coerced into doing as he did.

U.S. Supreme Court Associate Justice Sonia Sotomayor appears during an event Tuesday, April 5, 2022, at Washington University in St. Louis. (AP Photo/Jeff Roberson)

Liberal Justices Say NO to PRAYER!

Justice Sonia Sotomayor, joined by justices Elena Kagen and Stephen Breyer, wrote that the court “consistently has recognized that school officials leading prayer is constitutionally impermissible” and said the ruling did a “disservice” to schools, students, and “the nation’s longstanding commitment to the separation of church and state.”

“Today’s decision is particularly misguided because it elevates the religious rights of a school official, who voluntarily accepted public employment and the limits that public employment entails, over those of his students, who are required to attend school and who this Court has long recognized are particularly vulnerable and deserving of protection,” Sotomayor wrote. “In doing so, the Court sets us further down a perilous path in forcing States to entangle themselves with religion, with all of our rights hanging in the balance.”

(AP Photo/Pablo Martinez Monsivais)

In the majority opinion, Gorsuch wrote that “Kennedy lost his job” “after he knelt at midfield after games to offer a quiet personal prayer.

But Sotomayor wrote, “To the degree the Court portrays petitioner Joseph Kennedy’s prayers as private and quiet, it misconstrues the facts. The record reveals that Kennedy had a longstanding practice of conducting demonstrative prayers on the 50- yard line of the football field. Kennedy consistently invited others to join his prayers and for years led student-athletes in prayer at the same time and location. The Court ignores this history. The Court also ignores the severe disruption to school events caused by Kennedy’s conduct,” she wrote.

Kennedy was originally an assistant coach of the varsity football team at Bremerton High School in 2008 and later began offering a brief prayer on the field after games finished and the players and coaches met midfield to shake hands.

The school district directed him to find a private location to pray.

Coach Kennedy declined and continued his practice of dropping to one knee and praying on the 50-yard line.

He later invited journalists and a state legislator to watch.

Coach Kennedy’s Career Suffered

The district gave him a poor performance evaluation, and he did not apply to renew his contract after the 2015 football season. Kennedy sued, claiming violations of his right to free expression and religious freedom.

Not Protected by First Amendment, according to federal courts.

Lower federal courts said that because he chose to say his prayers in such a prominent place, he was acting as a public employee and his conduct was therefore not protected by the First Amendment. Those rulings cited past Supreme Court decisions that said when public employees act in their official capacities, they are speaking more for the government than for themselves.

Former Vice President Mike Pence praised Monday’s ruling in a statement.

He said, “Americans of faith do not turn their devotion off and on like a light switch, and we must reject any attempt by the government to control private religious expression — especially those who call on their faith when answering the call to participate in public service.” The nonprofit conservative advocacy group he founded, Advancing American Freedom, filed a friend of the court brief in the case.

Katy Joseph, the director of policy and advocacy at the advocacy group Interfaith Alliance, said the decision “dismantles decades of progress.”

“Exploiting his position of authority, coach Joseph Kennedy pushed players to participate in prayer in the middle of the field immediately after games,” Joseph said.

“This was no private expression of devotion, as he and his lawyers claim. Instead, Mr. Kennedy forced students to choose between their religious freedom and being part of the team — an agonizing decision that no student should ever be forced to confront.”

Kennedy now lives in Florida but has said that if the Supreme Court ruled in his favor, he would return to Bremerton and seek to regain his job as a part-time football coach.