![]() If the facts of Kennedy actually resembled the made-up facts laid out in Gorsuch’s opinion, then Kennedy would have reached the correct result. Instead, it decides a fabricated case about a coach who merely engaged in “private” and “quiet” prayer. Moreover, because Gorsuch’s opinion relies so heavily on false facts, the Court does not actually decide what the Constitution has to say about a coach who ostentatiously prays in the presence of students and the public. Instead, Kennedy announces a vague new rule that “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’” Although the Court overrules Lemon, it does not announce a fleshed-out test that will replace Lemon. Kurtzman, the 1971 decision that previously governed cases involving the Constitution’s language prohibiting “ an establishment of religion,” has obvious implications for future lawsuits: Lower court judges will no longer apply Lemon’s framework to establishment clause cases.īut it’s not clear how those lower court judges should now navigate questions about the separation of church and state. The Court’s decision to explicitly overrule Lemon v. (Justice Brett Kavanaugh did not join a brief section of Gorsuch’s opinion concerning the Constitution’s free speech protections, but Gorsuch otherwise spoke for the Court’s entire Republican majority.)īecause Gorsuch misrepresents the facts of this case, it’s hard to assess many of its implications. He repeatedly claims that Joseph Kennedy, a former public school football coach at Bremerton High School in Washington state who ostentatiously prayed at the 50-yard line following football games - often joined by his players, members of the opposing team, and members of the general public - “offered his prayers quietly while his students were otherwise occupied.” Bremerton School District on Monday, overruling a 1971 case laying out how the government must keep its distance from religion.īut Justice Neil Gorsuch’s opinion for himself and his fellow Republican appointees relies on a bizarre misrepresentation of the case’s facts. It’s the reason some coaches would still be hesitant or unwilling to involve the team in any sort of religious activity.The Supreme Court handed down a landmark decision in Kennedy v. Issues only arise, said Taft assistant principal Neezer McNab, when there is any kind of pressure on the team to conform. Venice High’s Angelo Gasca was adamant coaches of public schools can’t enforce religious beliefs and that the Supreme Court ruling wouldn’t change that view, but he also wouldn’t and hasn’t stopped his players from organizing their own pregame moments of prayer.ĭymally’s David Wiltz was firm it wouldn’t be right to lead his athletes in demonstration, but if 80% to 90% of his team came to him and asked for teamwide prayer, he said he’d likely explore that under the high court’s latest decision. “They always either want to mimic it or feel they themselves need to have prayer before the game.” ![]() “They follow the NFL, they follow college football and they see certain things,” Hernandez said, alluding to professional players frequently praying publicly after games. And he felt the group would likely welcome moments of demonstration that could now have looser sanctions under the Supreme Court ruling. The conservative majority said football coach Joe Kennedy’s prayers on the field were protected as free speech, and not an official promotion of religion.Ī majority of his players, however, have continued to pray on their own before games, Hernandez said. Politics Supreme Court rules for coach whose prayers on field raised church-state questions Public school coaches, Hernandez said, had to be more careful, free of the specific religious affiliation of so many private or charter institutions. But over time, as they became more “conscientious” of the imposition of religion, he said, those moments melted away into the team’s nonreligious pep talks. The district forbids prayers that would make students feel compelled to join, Carvalho said.Įight to 10 years ago, Lorenzo Hernandez and Garfield High held pregame moments of prayer similar to Johnson. Carvalho told The Times the district’s policy already made clear that employees are allowed to pray, but on their own time and in their own place. ![]() ![]() “You look at old war movies, and they used to pray before they go to war,” Johnson said. Prays, he says, because faith and togetherness are rooted in a physical sport based around feeling like “somewhat of a warrior.” After warmups, directly before the kickoff, the Dons gather as Johnson prays for their comfort.
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