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Kneel-down ruling overturned

Supreme Court flags Washington school’s call on prayer

The U.S. Supreme Court ruled in favor of a former high school assistant football coach from Washington state who would kneel and pray on the field after games. The 6-3 decision could strengthen the acceptability of some religious practices in public school settings.

The justices ruled Monday that praying by the coach, Joseph Kennedy, on the 50-yard line at the end of football games was protected by the First Amendment. All six justices appointed by Republican presidents voted with Kennedy while the three selected by Democratic presidents dissented.

In a statement issued after the decision, Lt. Gov. Jon Husted said, “As Americans, we are all guaranteed First Amendment rights in our Constitution. I am pleased to see that the U.S. Supreme Court has affirmed the First Amendment rights of teachers, coaches and school employees with respect to prayer. As a result, I encourage all Ohio school boards to immediately update their policies consistent with the court ruling.”

Asked to expand on the last part of his statement, Hayley Carducci, Husted’s spokeswoman, said, “He put that last sentence there because it’s important for schools to know there’s a policy change. It’s kind of like an FYI.”

The court’s majority decision, written by Justice Neil Gorsuch, states, “The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike.”

In a dissent, Justice Sonia Sotomayor wrote the decision “sets us further down a perilous path in forcing states to entangle themselves with religion.”

The case forced the justices to wrestle with how to balance the religious and free speech rights of teachers and coaches with the rights of students not to feel pressured into participating in religious practices.

The decision is the latest from the conservative-controlled Supreme Court in favor of religious plaintiffs. In another example, the court ruled last week that Maine can’t exclude religious schools from a program that offers tuition aid for private education. It’s a decision that could ease religious organizations’ access to taxpayer money.

Paul Clement — the attorney who argued the case for Kennedy and who is with First Liberty Institute, a Christian conservative legal group — said in a statement that the decision would allow the coach to “finally return to the place he belongs — coaching football and quietly praying by himself after the game.”

Kennedy said, “This is just so awesome. All I’ve ever wanted was to be back on the field with my guys. I thank God for answering our prayers and sustaining my family through this long legal battle.”

Kennedy, a Christian, is a former assistant football coach at Bremerton (Wash.) High School. He started coaching at the school in 2008 and initially prayed alone on the 50-yard line at the end of games. Students starting joining him and over time he began to deliver a short talk with religious references. He did so for years and also led students in locker room prayers.

The school district learned what he was doing in 2015 and asked him to stop. Kennedy stopped leading students in prayer in the locker room and on the field, but wanted to continue praying on the field by himself with students free to join if they wished.

Concerned about being sued for violating students’ religious freedom rights, the school asked him to stop kneeling and praying while still “on duty” as a coach after the game. When he continued to kneel and pray on the field, the school put him on paid leave.

Kennedy in 2016 chose not to reapply for his coaching position at the school and sued the district for violating his First Amendment rights.

A U.S. Court of Appeals sided with the district and Kennedy appealed to the Supreme Court. The high court in 2019 rejected his case saying it was premature for consideration.

After losing in other courts, Kennedy again asked the Supreme Court to hear his case and they agreed in January.

In a statement after the court’s decision, the school district and its attorneys at Americans United for the Separation of Church and State, a liberal organization, said the decision undermines that separation required by the Constitution.

The school district said it had “followed the law and acted to protect the religious freedom of all students and their families” and that it would work with its attorneys to make sure the district “remains a welcoming, inclusive environment for all students, their families and our staff.”

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