OPINION: This article may contain commentary which reflects the author's opinion.
A battle for religious freedom is about to take place at the Supreme Court and the decision that is made could have reverberating effects for the entire nation.
The controversy began when former Bremerton, Wash., High School football coach Joseph Kennedy, a former marine, began praying with his players before and after football games on the field.
He was often joined by players from the opposing teams until 2015 when the school district became aware of what he was doing and ordered him to stop, NPR reported.
“I fought and defended the Constitution. And the thought of leaving the field of battle where the guys just played and having to go and hide my faith because it was uncomfortable to somebody – that’s just not America,” he said.
So Kennedy returned to his praying practice right after the game, mainly at away games, and with little fanfare. By the time of the big homecoming game, Kennedy had retained lawyers from the First Liberty Institute. In a letter to school officials, they said that the coach had a constitutional right to pray on the 50-yard line at the end of the game, and that students should be free to voluntarily join in.
In the leadup to the game, Kennedy embraced his newfound celebrity, making repeated media appearances. In a subsequent deposition, he described this media activity as “spreading the word about what was going on in Bremerton.”
But as events unfolded, “it was a zoo,” said John Polm, Bremerton High’s principal, describing the homecoming game during his deposition. Attendance doubled, five TV stations showed up, and a group of Satanists unsuccessfully attempted to take the field to perform their own competing ritual.
Former head coach Nathan Gillam actually broke down during his deposition, emotional because of the harassment he and the team received.
“I was done coaching at that point because I feared for my life,” the coach said before declaring that he decided, “this is not worth it; I have two children.”
Today, nearly eight years after being fired for praying by himself at the 50-yard line after a football game, Coach Kennedy filed his final brief with the U.S. Supreme Court,” First Liberty Institute executive general counsel Hiram Sasser said in a brief last week.
“No teacher or coach should lose their job for simply expressing their faith while in public,” First Liberty CEO Kelly Shackelford said.
“By taking this important case, the Supreme Court can protect the right of every American to engage in private religious expression, including praying in public, without fear of punishment,” he said.
“We look forward to presenting the Coach’s case, which goes to the heart of the First Amendment, to the Justices,'” former U.S. Solicitor General, partner at Kirkland & Ellis LLP, and First Liberty volunteer Paul Clement said. “Joe Kennedy’s case, now six years after the events, has led to renewed optimism by the coach who still desires to return to the football sidelines.”
As for the plaintiff, he wants to get back to coaching football.
“Six years away from the football field has been far too long. I am extremely grateful that the Supreme Court is going to hear my case and pray that I will soon be able to be back on the field coaching the game and players I love,” he said.
But Americans United for Separation of Church and State was furious with the decision by the Supreme Court to take the case.
“No child attending public school should have to pray to play school sports. No student should ever be made to feel excluded – whether it’s in the classroom or on the football field – because they don’t share the religious beliefs of their coaches, teachers, or fellow students,” the group’s president and CEO Rachel Laser said.
“The Bremerton School District followed the law and protected students’ religious freedom when it stopped its football coach from holding coercive prayers with players on the 50-yard line after high school football games,” she argued.
“Public schoolchildren and their families – like all of us – have a constitutional right to believe as they choose and be treated equally by their public schools, regardless of their beliefs. The Bremerton School District fulfilled its legal duty to respect their fundamental rights,” she said.
