A law firm is looking at the U.S. Supreme Court to affirm a fired football coach’s First Amendment right to bow his head in prayer, even if he is kneeling on a taxpayer-paid football field. A history of court rulings, however, have moved the other direction.
On Monday, the U.S. Court of Appeals for the Ninth Circuit declined to rehear a three-judge panel’s March decision that determined a public school district in Washington state had the legal right to prevent coach Joe Kennedy from praying after home football games.
The legal fight dates back to 2015, when Kennedy was instructed by the Bremerton School District to stop kneeling on the 50-yard line, a practice he had done for numerous football seasons without incident.
He took a knee despite the warning and was fired.
“We will appeal and are confident that the Supreme Court of the United States will right this wrong,” responds attorney Jeff Mateer of First Liberty Institute, which is one of several law firms representing Kenndy.
This is not the first time the U.S. Supreme Court has been asked to review the praying coach case. The high court declined an appeal in 2019, stating that more facts needed to be determined. In 2020, a U.S. District Court granted the school district’s motion for summary judgment. The ruling was then appealed to the U.S. Court of Appeals for the Ninth Circuit, which heard oral arguments in January.
Back in 2015, Kennedy was blasted by the school district’s superintendent, in a warning letter, because he led a pre-game locker room prayer and peppered his post-game pep talks with religious references.
“Your talks with students may not include religious express, including prayer,” Superintendent Aaron Leavell wrote at the time. “They must remain entirely secular in nature, so as to avoid alienation of any team member.”
“I’m being investigated,” Kennedy complained in 2015, “for thanking God for the opportunities that have been given me.”
A losing streak at high court
Public school grounds and public prayers have a bad history at the nation’s high court, which famously outlawed school-endorsed classroom prayers in a landmark 1962 decision. A ruling in 1992 ended graduation prayers led by clergy, and a Texas case in 2000 ended the practice of beginning football games with an official pre-game prayer.
Those landmark cases and others have been hailed by atheist legal groups as protecting the Establishment Clause.
Atheist group Americans United for Separation of Church and State is representing Bremerton School District in its legal fight.
A March press release from the group, when the 9th Circuit panel ruled against Kennedy, ironically claimed the court decision protected the “religious freedom” of students and their families.
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Copyright American Family News. Reprinted with permission.
Seems like an open and shut 1st Amendment case. It’s there to protect us from the Government. They fired him. It’s a violation. He didn’t make anyone else do it. It was his own personal prayer. The bill of rights doesn’t say it has to be on your property as the left loves to remind us all the time when they want to say something. In fact, they get in our face wherever they want. Even if it is illegal because it’s on someone’s property and they’re trespassing.
He needs to be re-hired and the person firing him needs to be fired for violating his civil rights.
“It’s there to protect us from the government.”
He is the government. He is an employee of a public school run by the government and funded with tax payer dollars. Started off by himself on the side line, which all parties thought was fine, but now must be held at the 50 yard line.
JUST cause he ‘works’ for the school, does NOT MAKE HIM A GOVERNMENT employee.. IS IT THE GOVT That hired him, or the SCHOOL?
And by that logic “YOu wokr for da guvt, you can’t pray”, THEN TELL THAT TO ALL THOSE SENATORS Last year, who went out and PUBLICLY PRAYED with BLM and such, at every damn funeral for some scumbag gang banger, who got killed by cops, ON OPEN STREETS PAID FOR BY WE THE TAX PAYER!
If you work for someone, that usually is considered their employee. The school was fine with him praying on the sideline, not as a team event in the middle of the field with minors. The senators can do what they want and their employees are all adults.
Do you actually think the senators were actually praying? My guess is was just a lie for the cameras.
What about the Chaplains who work FOR state legislatures or city legislatures? SHOULD THEY BE around, cause of “separation of church and state”??
If you wish to take a knee during the National Anthem or turn your back on the flag—you will be supported. Honoring God before a game is a different story. Joe Gibbs used to do that with the Washington Redskins (yes—that’s who they have been forever and always will be with me), but he would have a difficult time with that today, no doubt.
Our Conservative Justices aren’t owning up to their pre-confirmation reputation. This will be one to watch.
These days, i say “WHAT conservative justices”.. IT SEEMS WE NO LONGER HAVE ANY.
The 3 that Trump put in sure have a spine made of jelly.
Which makes you wonder, WHY THE HELL the left, ranted and raved, did demonstrations and the like, OVER THOSE PICKS, if they were going to be THIS TURN COATISH?! OR was it all for show..
The secularists / liberals also known as devil worshippers. Why does any school have a write to impede in my First Amendment right to prayer on a football field? Liberals and rotten fish have a lot in common, they both stink.
ANd it seems sickening to me, that we not only prop UP Celebs, or govt workers, who “PRAY” With the families of gang violence (OR those who got shot by cops) oN PUBLIC LANDS (Paid for by we the tax people), but then turn around and say to coaches “HOW DARE YOU PRAY ON THE FIELD, RHEEE Separation of church and state, RHEEE!!”
It would appear if one takes to the knee in protest, the Democrat Party supports you. BUT
If you take to the knee in thanks and worship, the Democrat Party condemns you.
Who else do you know that hates GOD??
Matthew 7:15-16,“Watch out for false prophets. They come to you in sheep’s clothing, but inwardly they are ferocious wolves.
16 By their fruit you will recognize them.
Mark 13:9, “You must be on your guard. You will be handed over to the local councils and flogged in the synagogues.
On account of me you will stand before governors and kings as witnesses to them.
Mark 13:13, Everyone will hate you because of me, but the one who stands firm to the end will be saved.
The first Amendment does not say you cannot pray in a public place, or government office. It says you cannot ESTABLISH a Religion. So we cannot say we support the Catholics, the Protestants, the Jewish faith, etc. What backs that premise up, is the second part of the statement which says “or that would prohibit the free exercise of religion”.
Prayer is not establishing a religion. It’s just a prayer.
That’s clear cut. If the SCOTUS misses this one, we are doomed as a nation.
With how they’ve ruled in the past though, i can certainly SEE the cowardly scotus shooting this down.
There is a precise reason why the 1st amendment comes first. Our founding fathers rightly agreed that religious freedom, the right to express your belief of the supreme being regardless of the form that this takes, is the ultimate freedom and the primary reason why the colonists originally came here. Along with the freedom of speech, if our ability to speak freely is denied we might as well live in China. Resist those people who want to deny you these two most basic but very significant rights .
All the Constitution says is GOVERNMENT cannot establish any sort of religion or exercise while not prohibiting the free exercise thereof. Since the school is not establishing anything they are in the clear but it also means they don’t have the authority to stop anyone from exercising their right!