![]() ![]() Richard Katskee, the legal director for Americans United for Separation of Church and State, an advocacy group in Washington, D.C., represented the school district at oral argument. The school district, however, raised concerns about the coach pressuring students to join the prayer. Justice Brett Kavanaugh noted that the coach wasn't saying "huddle up, team" before he prayed. Justice Clarence Thomas said, "We know a part of his job, especially since the school district didn't know anything about it initially and it objected to it."Ĭlement replied, "That's music to my ears, Justice Thomas." He said, "We're saying this isn't part of his job, so it's private speech." He added, "We'd also say, because it's not part of his job, it's private religious activity that's protected by the Free Exercise Clause." Several of the justices seemed to sympathize with the coach. He argued that "the government does not endorse all private religious speech just because it takes place on the school side of the gates." "That private religious expression was doubly protected by the Free Exercise and Free Speech clauses." "When Coach Kennedy took a knee at midfield after games to say a brief prayer of thanks, his expression was entirely his own," Clement said. On behalf of the coach, attorney Paul Clement with Kirkland & Ellis in Washington, D.C., said the prayer was "brief" and "quiet." "The First Amendment 'free speech' argument really only affects government employers, like a school district, but I think private and public employers will be watching this case to see how the Supreme Court views the accommodation efforts apparently made by the school district," said Kelly Dobbs Bunting, an attorney with Greenberg Traurig in Philadelphia.ĭuring oral argument on April 25, lawyers for the coach and the school district had different descriptions of the activities that led to the coach's termination. Bremerton School District, the Supreme Court was asked to decide several issues, including whether a public school employee is engaged in government speech that lacks First Amendment protection when he says a short, quiet prayer by himself in front of students. Although the case involves First Amendment rights in public-sector employment, private employers may be watching the case since religious accommodation is a hot topic in the workplace. ![]() In this case, a high school football coach was fired for praying at the 50-yard line after games. ![]() ![]() Nor does a proper understanding of the Amendment's Establishment Clause require the government to single out private religious speech for special disfavor." Both the Free Exercise and Free Speech Clauses of the First Amendment protect expressions like Mr. Kennedy's religious beliefs," the court wrote. The school district disciplined the coach "because it thought anything less could lead a reasonable observer to conclude (mistakenly) that it endorsed Mr. Supreme Court clarified the scope of the First Amendment's application to public employees June 27 in a case involving a football coach, Joseph Kennedy, who was fired for praying while at school and visible to students. ![]()
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