Praying Football Coach Wins at Supreme Court

Conservative majority says Washington school was wrong to worry about “excessive entanglement” between church and state.

Update (June 27): The US Supreme Court ruled 6 to 3 on Monday that a high school coach’s post-game prayers on a football field were in-bounds.

Joseph Kennedy’s prayers are protected by the First Amendment’s right to free speech and free exercise of religion, the court decided. The coach didn’t coerce any Bremerton, Washington, high school players into praying, so the school district was wrong to try to stop him from practicing his Christian faith.

“The Constitution neither mandates nor tolerates that kind of discrimination,” Justice Neil Gorsuch wrote for the conservative majority, citing a 1992 precedent. “Learning how to tolerate speech or prayer of all kinds is part of learning how to live in a pluralistic society,’ a trait of character essential to ‘a tolerant citizenry.’”

According to Gorsuch, the ruling would have been different if Kennedy had forced students to join him or said his prayers as part of his official coaching responsibilities. But state employees don’t lose the right to say private prayers of thanksgiving just because they work for a public school.

“Mr. Kennedy prayed during a period when school employees were free to speak with a friend, call for a reservation at a restaurant, check email, or attend to other personal matters,” Gorsuch wrote. “He offered his prayers quietly while his students were otherwise occupied.”

Justice Sonia Sotomayor wrote a sharp dissent, joined by justices Elena Kagan and Stephen Breyer. Despite the characterization in the majority opinion, Kennedy’s prayers weren’t actually brief, quiet, or private, she said.

The dissent included three photos of Kennedy surrounded by praying …

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