A coach's personal act of prayer that grew into a public spectacle after Bremerton High School football games is now a major test of the First Amendment in a case this month before the U.S. Supreme Court.
It has struck down Bible readings and teacher-led prayer in classrooms, religious invocations at graduations and religious displays at other school sponsored activities. In a 2000 case,that opening football games with student-led prayer is also unconstitutional.
The school district explained at the time that the prayers violated"constitutionally-required directives that he refrain from engaging in overt, public religious displays on the football field while on duty." "The harm is to those who are the minority students, the minority faiths, the students who have no faith," he said."They are being pressured into doing something that they don't fundamentally agree with.That's what the First Amendment protects us from."
Attorney Jeremy Dys, representing Kennedy on behalf of the First Liberty Institute, said the coach should not be held accountable for the voluntary decisions of others to join him in an expression of faith. "If this were a case about a coach who in fact wanted to pray privately, in a solitary manner, we wouldn't be here," said Rachel Laser, executive director of Americans United for Separation of Church and State, a nonprofit advocacy group backing the school district."You don't leave that behind when you go teach or coach at a public school, but what you do leave behind is your ability to engage students who are very impressionable, who are required to attend public school.
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