9th Circuit: Football Coach's Past-Game Prayers Violate Establishment Clause

Religion Clause ^ | 3/19/21 | Howard Friedman

[marshmallow]

In Kennedy v. Bremerton School District, (9th Cir., March 18, 2021), the U.S. 9th Circuit Court of Appeals upheld a Washington state school board's dismissal of a high school football coach who insisted on prominently praying at the 50-yard line immediately after football games. The long-running high-profile case was before the 9th Circuit for the second time. (See prior posting.) The court issued a Summary of its decision along with the opinion, saying in part:

The panel held that the record before it and binding Supreme Court precedent compelled the conclusion that the District would have violated the Establishment Clause by allowing Kennedy to engage in the religious activity he sought. Kennedy’s attempts to draw nationwide attention to his challenge to the District showed that he was not engaging in private prayer. Instead, he was engaging in public speech of an overtly religious nature while performing his job duties. The District tried to accommodate Kennedy, but that was spurned by Kennedy insisting that he be allowed to pray immediately after the conclusion of each game, potentially surrounded by students. The panel held that the district court correctly granted summary judgment to the District on Kennedy’s free speech and free exercise claims.

[monkeyshine]

Kennedy’s attempts to draw nationwide attention to his challenge to the District showed that he was not engaging in private prayer. Instead, he was engaging in public speech of an overtly religious nature while performing his job duties

What utter tripe. To sum this all up, his desires to exercise his freedom to worship and his freedom to redress grievances are proof that the state established a religion.

[Verginius Rufus]

Obviously when the First Amendment was written, James Madison never dreamed that the "free exercise" of religion would ever be interpreted to mean that someone could pray outdoors where someone else might see him.

Anyway the Bill of Rights applies to the federal government and it probably depends on which judge you get whether it applies to a state government...or whether the federal government has to pay any attention to your rights.

[nickcarraway]

It doesn’t say he was forcing anyone to pray?

[cdcdawg]

In the words of Lewis Grizzard’s song:

First they took Dixie, then they took whisky, and nowadays we can’t even pray

[pfflier]

So when players take a knee it’s illegal in this case???

[Pontiac]

Kennedy’s attempts to draw nationwide attention to his challenge to the District showed that he was not engaging in private prayer.

You are only permitted to raise public awareness to governments injustices against you if you are either a racial or ‘sexual’ minority.

All others are oppressors worthy of any injustice they receive.

They should bare their wounds silently as penance for their sins.

[Maudeen]

We need to pray that the Lord puts an end to this 9th Circuit His Way.

[E. Pluribus Unum]

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

[frogjerk]

Obviously when the First Amendment was written, James Madison never dreamed that the "free exercise" of religion would ever be interpreted to mean that someone could pray outdoors where someone else might see him.

Can you elaborate because there was public prayer everywhere in the colonies when Madison was around.

[lastchance]

Once again the 9th has lost their ever loving.

I am not even going to read what twisted logic they used because I don’t want to let that much stupid past my eyes and into my brain lest it take root and Biden me.

[monkeyshine]

I’m pretty sure that as of 2010 or so, all of the Bill of Rights applies to all the states. Took them that long because they waited 50+ years to rule on the 2nd Amendment - prior to which Slaughterhouse case prevailed forcing each amendment to be individually applied to the states one ruling at a time. But IANAL I just play a lot of roles on the internet.

[monkeyshine]

I think that was sarcasm.

[tflabo]

Are their black robes flame retardant as future residents of hades? Eff them and pray anyway.

[KC_Conspirator]

The 9th Jerkit, seems emboldened and going after all that is legal, legit, wholesome, and logical. A circuit of judges in any society would be seen as seditious.

[Amendment10]

SHOW ME a law made by Congress that respects an establishment of religion and I’ll show you an actual violation of the 1st Amendment.

"1st Amendment: Congress shall make no law respecting an establishment of religion [emphasis added], or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Although I question what actually happened regarding this issue, it seems to be good example of state actors violating Section 1 of the 14th Amendment (14A) based on the anti-Christian rumors, gossip and hearsay that they’ve heard about the Establishment Clause.

The question is, has the referenced coach ever heard of 14A?

Also…

• UC Berkeley relatively recently had to pay compensation under 14A concerning the abridgment of 1st Amendment free speech protections.

  UC Berkeley settles landmark free speech lawsuit, will pay $70,000 to conservative group

  Problem is that taxpayers, not Berkeley offending state actors, will probably pay compensation.

• Patriots who value their constitutionally enumerated protections of freedom of religious expression and free speech, consider that Acts 22:25-29 shows that Apostle Paul got out of a flogging by claiming his Roman citizenship.

[ckilmer]

I trust this ruling will be appealed to the supreme court.

[linMcHlp]

Every morning, class began with our daily prayer and Pledge of Allegience. Except for church, medical centers (hospitals), some gas stations, and some restaurants, stores and many places were closed.

Then the peace, and slowly improving prosperity, both of which, our country yearned for, since the war that had just ended, yet another was attempting to be “mostly peaceful” against communist aggression . . . the possibility of peace was upended by the vanity and thoughtless tyranny of judges dictating legislation, immorality, and corrupt “precedence” from their benches.

By their hands, prayer was canceled, the mother’s womb became a mystical portal behind which exists either a baby or ‘some kind of protoplasm to be excised’ - depending upon a combination of the fantasies and mood swings of ‘progressives’ who call abortion ‘health care’ and ‘free choice,’ and then the benches deliver a double-hitter of same-sex ‘marriage’ and another fantasy that the Constitution authorizes all government to replace the sex of a person at birth, with whatever so-called ‘gender’ that person imagines or is instructed to be according to progressives or some ‘court’ of political approval.

Judges ordering people to live a lie.

Thus, the peace was destroyed by the lack of honor and lack of integrity, of judges.

[linMcHlp]

bttt

[linMcHlp]

First paragraph, re closed locations, I was referring to Sunday.