Supreme Court rules for coach in public school prayer case

The Supreme Court ruled Monday that a former Washington state high school football coach had a right to pray on the field immediately after games. 

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

In recent years, a more conservative Supreme Court has been inclined to view government actions it once considered to be neutral and necessary to maintain separation of church and state as hostile to religious expression. 

One issue in the case was whether the coach’s decision to pray in such a prominent place, on the 50-yard line, amounted to a private moment of giving 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. 

In a dissent joined by the two other liberal justices, Stephen Breyer and Elena Kagan, Justice Sonia Sotomayor wrote that the U.S. Constitution “does not authorize, let alone require, public schools to embrace this conduct,” adding that the court “consistently has recognized that school officials leading prayer is constitutionally impermissible.”

“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.”

Kennedy became 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 ended and the players and coaches met midfield to shake hands. The school district eventually told him he should find a private location to pray.

But he 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. 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.

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.

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.