The U.S. Supreme Court on Monday heard arguments in a case concerning a former Washington state high school football coach’s right to pray on the field after games.
In the case, Kennedy vs. Bremerton, the high court will weigh whether coach Joseph Kennedy violated the First Amendment’s establishment clause, which forbids government endorsement of religion.
Opponents say he violated the clause by praying on the field while working as an assistant football coach for Bremerton High School and the court will weigh whether the school district violated its free exercise clauses, which forbid restraints on the private observance of religion when it moved to suspend him.
“It seems so simple to me: It’s a guy taking a knee by himself on the 50-yard-line, which to me doesn’t seem like it needs a rocket scientist or a Supreme Court justice to figure out,” Kennedy told CBS News. “I didn’t want to cause any waves, and the thing I wanted to do was coach football and thank God after the game.”
Prayer on field
Kennedy began quietly praying on the field in 2008 after watching the Christian sports film Facing the Giants. Eventually, other players and members of the opposing team decided to join in as he began to deliver motivational speeches that referenced religion.
The Bremerton School District raised opposition to the practice seven years later when an opposing team’s coach told Bremerton High’s principal that Kennedy asked his players to join him for a prayer after a game in 2015 and that he “thought it was pretty cool” the district would allow him to do that, according to court records.
The brief explains that the prayers sometimes posed a risk at games.
“Spectators jumped over the fence to reach the field and people tripped over cables and fell,” the district wrote in its brief. “School band members were knocked over.”
Kennedy was approached by an athletic director after the game who expressed disapproval about the prayer, at which point Kennedy posted on Facebook, “I think I just might have been fired for praying.”
The post and the controversy drew “thousands of emails, letters and phone calls from around the country,” the documents said.
Bremerton School District Superintendent Aaron Leavell ultimately sent a letter to Kennedy advising him that he could continue delivering speeches, but that “they must remain entirely secular in nature.”
The coach temporarily complied, but informed the school a month later that he would resume praying at the 50-yard-line and asked for a religious accommodation under Title VII of the Civil Rights Act, which prohibits religious discrimination. His lawyers said Kennedy was “engaged in private religious expression upon which the state may not infringe.”
Later, after the homecoming game, members of the public and a state legislator joined Kennedy, his players and members of the opposing team on the field for the post-game prayer. Kennedy was ultimately suspended without pay and received his first negative evaluation.
The coach did not apply for another year on his contract and instead filed the lawsuit and ultimately moved to Florida with his wife to care for her father. But in a sworn statement to the Supreme Court, he said that if he were allowed to return to his old job coaching the team, he could “do so within 24 hours.”
Kennedy’s legal journey
U.S. District Judge Ronald Leighton ruled against Kennedy, stating that “while public schools do not have unfettered discretion to restrict an employee’s religious speech, they do have the ability to prevent a coach from praying at the center of the football field immediately after games.”
Kennedy appealed the ruling to the 9th U.S. Circuit Court of Appeals, where it was upheld by a slim majority in favor of the school district. That court cited a Supreme Court precedent limiting the speech rights of on-duty public employees.
A group of 24 Republican U.S. senators and 32 representatives issued a brief condemning the appellate court’s ruling.
“The 9th Circuit’s reasoning weaponizes the establishment clause, concluding that it requires a school to root out any religious expression by its employees — even to fire teachers, coaches and staff who will not leave their faith at home,” the brief states. “If left uncorrected, this ruling threatens religious liberty … for all public employees.”
In 2019, Kennedy turned to the U.S. Supreme Court to overturn the ruling. Initially, the high court declined — but Justice Samuel Alito issued a statement with conservative Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh and warned that the 9th Circuit’s “understanding of the free speech rights of public school teachers is troubling and may justify review in the future.”
Kennedy was handed a series of losses in lower courts following additional proceedings and a three-judge panel on the 9th Circuit ruled in March 2021 that the district’s efforts to prevent him from coaching did not violate his constitutional rights, as he was acting as a government employee during his postgame speeches.
After the 9th Circuit declined to rehear the case, Kennedy again appealed to the Supreme Court. This time, it agreed to take up the appeal.
Supreme Court case
Lawyers for the school district argued in filings with the Supreme Court that it acted within its authority to regulate Kennedy’s “very public speech” and that its interest in protecting students from religious coercion and preventing employees from “commandeering government events” holds greater weight than Kennedy’s interest in praying with students.
A group of former professional football players and collegiate athletes supporting the school district warned in the filing that the relationship between a coach and a high school athlete is “highly susceptible to being coercive.”
In the 9th Circuit proceeding, the school’s principal testified that at least one parent complained that his son “felt compelled to participate” in the postgame prayer out of fear of losing playing time.
The district also accused Kennedy of painting the situation as a “breathless tale of authoritarian government forbidding private religious expression” that relies on “creative remodeling of both facts and the law.” It said it only intervened when it determined that Kennedy’s postgame prayers became demonstrations of faith that reflected on the district.
“Public school coaches can and do help students ‘be better people,’ but spiritual guidance should come from students’ families and houses of worship, not the government,” the district argued in its brief.
Kennedy’s lawyers argued in their brief to the Supreme Court that the 9th Circuit’s reasoning “is incompatible with this court’s precedents and the traditions of religious liberty they embody.”
“Teachers and coaches remain individuals with First Amendment rights on school premises, and the suspension of the individual religious expression of teachers and coaches is not permitted, let alone required, by the First Amendment,” it states.
A friend of the court brief from Minnesota Vikings quarterback Kirk Cousins, Chicago Bears quarterback Nick Foles, former NFL quarterback Drew Stanton and others supports Kennedy and cites the practice of kneeling on the field during the national anthem to protest racial injustice.
“That practice, like Kennedy’s prayers, is controversial — courageous to some and offensive to others,” they wrote. “But if Joe Kennedy had taken a knee to protest racial injustice, the district almost certainly would not have argued that his speech was somehow the state’s. Rather there would have been no question that it was protected private speech.”
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“In the case, Kennedy vs. Bremerton, the high court will weigh whether coach Joseph Kennedy violated the First Amendment’s establishment clause, which forbids government endorsement of religion.”
Huh??? Exactly how is one’s praying to God violating the First Amendment??
Amendment 1 – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The First Amendment was written explicitly to protect “We the People” from the government.
This treasonous socialist Democrat Party and it’s cult members is why the First Amendment was written into our U.S. Constitution!
To fully advance the Demonic, Lying, Treasonous, Socialist Democrat Party’s destructive agendas: is to divide our citizens with hate and promote; rioting, burning, looting, open borders, gun control, radical feminism, abortion-on-demand, the LGBTQ lifestyle, unfettered sexual identity, transgender “gay marriage” and the like, the pagan Liberal left Democrats must do away with GOD, our Constitution, common sense, morality, Christian values and free religious exercise altogether.
Under the guise of “anti-discrimination.”
You are right, the 1st Amendment was written to protect “We the people” from the federal government. But what isn’t commonly understood is every one of the first Ten Amendments, The Bill of Rights, is written to limit the federal government and protect “We the people” from tyranny.
WITH other cases that the scotus have ruled on the past year, i have LITTLE HOPE of them following the first amendment here.
Sorry, once again I can but give you 5 stars, when you deserve at least 10.
These students who are Worrird That if they don’t join Coach Kennedy in prayer that they’re Grades Will Suffer Weren’t So Worriec they took Their Case Up to The Supreme Court to be heard, No, These Stidents WerenT Worried about Themselves, They just didn ‘ t want To see their Coach in Prayer, thats What Motived the Students.
Absolutely absurd that something such as taking a knee in prayer at a football game has to end up in The Supreme Court.
Of course, “taking a knee” during The National Anthem in the NFL is allowed.
That’s why I haven’t watched that drivel since Kaepernick first disrespected the country and The National Anthem. Dispicable disgrace.
These Students weren’t acting alone, the Students I’m sure had the ACLU and Former Jude Jackson, the School administration backing up the student protestors against the coach ,It will be interesting to see what effect Former Judge Jackson Will have on the decision now that she’s seated on the Supreme Court,
What students? I don’t recall any students filing a lawsuit or even complaining. Can you point me to the students who did this? I thought it was the school district who complained and filed lawsuits.
Exactly.. HOW IS HIM taking a knee to pray, BAD/WRONG, BUT KNEELING FOR OUR anthem ok?
responding to Bill 32958
You Posted, ” That’s why I haven’t watched that drivel since Kaepernick first disrespected the country and The National Anthem. The Students / Teachers /professors, didn’t have a problem with Kaepernick ” taking a knee on the Field during a game but let a coach pray silently on the field before a game and the students were all upset , THE COACHES Right to Practice” Freedom of Religion had the Students, teachers /Professors/ Up In Arms.
Coach Kennedy is Not, Nor Was any Part Of Government!!!! Therefore, His Second Amendment Rights Have Been Denied!!!!! Our Right To Public and/or Private Prayer MUST be Protected!!! The Supreme Court MUST Rule in Favor Of Coach Kennedy and American Values!!!!!
2nd Amendment…..
“>A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.<"
YUP! The second is there to protect the 1st, and all the rest. I do hope the blood of patriots will not need to be spilled to return this country to a Constitutional Republic. The midterms may be our last chance for a bloodless return to freedom. May God protect us all from the tyrants currently usurping power over “we the people” at this time.
Oldman, THAT IS WHY the dems, for years have been trying to GUT THE HELL out of the 2a!
Don’t you mean first amendment Barks??
I agree with others that posted here. How did something like this even become controversial? Makes me worry for our country’s future.
IT became controversial, since the left started whining “ANYONE DOING PRAYERS in public, is essentially the govt establishing a religion, which is against the rights of atheists’… and other such bull..
I disagree on this one. If you allow this ? Then what would stop a Muslim from demanding a prayer ?? Did anyone not read about a Satanic temple.wanting to open a Satan club at school ? They lost thank God
.keep those evil people away from children so keep separation of church and state
Nothing should stop a Muslim or anyone else from praying as long as they are not forced to do so. As far as “separation of church and state”, it does not exist in the constitution. It is a misinterpretation of the 1st amendment establishment clause which says the GOVERNMENT cannot establish or prevent the free exercise of a religion.
What part of “prevent the free exercise thereof” don’t you get?
He probably thinks allowing it is tantamount to ‘the state establishing a religion’..
BUT ISN’T THAT WHAT the left’s been doing re BLM/CRT and all the rest of wokism??
I can remember praying in school and doing the pledge alliance to our flag. What a different time in my life. And somehow I don’t remember anyone wanting to stop it. I grew up and with Gods help I became successful in life, not rich, but successful.
Maybe it was prayer that helped me to cross so many bridges in my life. And with God in my life I succeeded.
GDD SO LOVED THE WORLD THAT HE GAVE HIS ONLY BEGOTTEN SON THAT WHOEVER BELEAVIE IN HIM SHOUJD NOT PARISH BUT HAVE EVERLASTING LIFE’.’taken from the BIBLE
The QUOTE Taken From The Bible..