The U.S. Supreme Court’s recent decision in Kennedy v. Bremerton School District—the widely-followed case addressing the right of a public high school football coach to individually pray on the fifty-yard line after a game—further clarifies the legal landscape of the First Amendment’s application to public schools (this landscape was covered in-depth in our #TakeAKnee Legal Update). The First Amendment requires all public entities, including a public school, to balance its obligations under the Establishment Clause with the rights of staff under the Free Speech and Free Exercise Clauses. A full discussion of the Court’s opinion is beyond the scope of this legal update, but school officials should review the following lessons from Kennedy.
Kennedy had a longstanding practice of engaging student athletes in motivational prayers before games as well as praying with students after games. Once the Bremerton School District found out, it asked Kennedy to stop. Initially, Kennedy complied, but then he decided to continue his practice of praying on the fifty-yard line after games, albeit without inviting students to join. The District then placed Kennedy on paid administrative leave, but cited only solo prayers as the reasons for Kennedy’s eventual discharge. Consequently, the Court’s analysis was narrow and focused on Kennedy’s solo prayers. This...
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