April 25 – A majority of the United States Supreme Court on Monday appeared to be sympathetic to a complaint by a former Washington high school football coach who was suspended for refusing to stop praying with players after a game.
The judges hear oral arguments in a case that violates the religious rights of individual workers against the constitutional denial of government recognition of a particular religion. The majority of the courts following the 6-3 rule have had a broad view of religious freedom in many cases.
Joseph Kennedy, a former assistant coach of football coach in the city of Bremerton, has appealed a lower court ruling dismissing his allegations that the district public school decision to suspend him violated his religious duty and his right to speak under the U.S. Constitution First Amendment.
The issue is that, as a civil servant, Kennedy’s prayers and Christian-centered speeches close to the actors reach a state of the art, which may not be governed by the precepts of the Supreme Court, or a private act separate from his official duties, which would be protected by the First Amendment.
Subsequent judges expressed skepticism about the view that Kennedy’s actions could be viewed as a religious sanction. They noticed that his prayers took place after the games and seemed to consider them to be no part of his official activities. Justice Brett Kavanaugh, for example, said that Kennedy did not instruct his players to “roll up” as he would do in his usual coaching duties, meaning they did not have to participate.
A colleague of Judge Samuel Alito questioned whether the school district had specifically targeted religious discourse, wondering if Kennedy had been punished for waving the Ukrainian flag to protest the Russian invasion.
“What reason is there to believe that you would treat the case the same way?” Asks Alito.
The liberal judiciary asked Paul Clement, Kennedy’s attorney, about the nature of the conduct of school staff, including teachers, as part of their duties, so it could be controlled, and what could be considered a private matter.
Judge Elena Kagan ruled that Kennedy’s request was in line with the Supreme Court’s ruling, which said schools could punish teachers for work “which puts unnecessary pressure, a form of forcing students to participate in religious activities when they may not.” fisa. “
Even if it is clear that the teacher is not speaking on behalf of the school district, compulsion may be present, adds Tagan.
“He is the one who will give me an ‘A’ or not,” said Kgan, referring to teachers in general.
Clement said there was no evidence that students were being coerced and that the school district was only concerned about appearing to support a particular religion.
Liberal judges also asked why Kennedy needed to draw attention to his prayer by performing it on the field shortly after the match and later demanding public comment on the controversy.
The 9th U.S. Court The San Francisco-based Circuit Court of Appeals last year issued a ruling against Kennedy, finding that local officials would have violated the First Amendment ban on the establishment of a religious government if they allowed his actions to continue.
Kennedy worked as an assistant football coach at alma mater, at Bremerton High School, from 2008 to 2015. The district said Kennedy offered post-game prayers to crowds of players and others for years until officials learned about the religion of the times in 2015.
The district, concerned that Kennedy’s actions could be viewed as a religious violation of the law, warned him to stop praying while he was on duty and to provide private school facilities as an alternative.
Kennedy initially seemed submissive, the district said, but later refused and appeared in the media to spread the controversy, drawing the world’s attention. After repeatedly violating the demands of school officials, he was given paid leave on his contract for the season and did not apply for coaching the following season.
Kennedy’s lawyers allege he “lost his job” because of his actions, he filed a lawsuit in federal court in 2016. Kennedy sought a court order to be reinstated as a coach, accusing officials of religious discrimination and violating his free speech. Officials revealed in court papers that Kennedy was no longer living in the school district and had moved to Florida, although he said he would return when he returned from work.