Free Exercise Clause

Facts of the Case

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Question

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Opinions

Majority (7): a

Minority (2):  a

Case Commentary 

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Facts of the Case

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Question

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Opinions

Majority (8): a

Minority (1):  a

Case Commentary

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Facts of the Case

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Question

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Opinions

Majority (7): a

Minority (1):  a

Case Commentary

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Facts of the Case

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Question

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Opinions

Majority (9): a

Minority (0):  a

Case Commentary

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Facts of the Case

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Question

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Opinions

Majority (9): a

Minority (0): a

Case Commentary

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Facts of the Case

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Question

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Opinions

Majority (9): a

Minority (0): a

Case Commentary

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Facts of the Case

Joseph Kennedy, a high school football coach, engaged in prayer with a number of students during and after school games. His employer, the Bremerton School District, asked that he discontinue the practice in order to protect the school from a lawsuit based on violation of the Establishment Clause. Kennedy refused and instead rallied local and national television, print media, and social media to support him.

Kennedy sued the school district for violating his rights under the First Amendment and Title VII of the Civil Rights Act of 1964. The district court held that because the school district suspended him solely because of the risk of constitutional liability associated with his religious conduct, its actions were justified. Kennedy appealed, and the U.S. Court of Appeals for the Ninth Circuit affirmed.

Question

Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause?

Opinions

Majority (6): Justice Gorsuch, writing for the majority, emphasized that Kennedy's prayers were personal and private expressions of faith, not coerced or conducted in a way that endorsed religion to the students. The Court found that the school district’s actions were an overreach into Kennedy’s free exercise rights and that the prayers were not performed in a manner that would establish a state religion or coerce students into participating.

Minority (3): Justice Sotomayor, in dissent, argued that Kennedy's prayers were public and could be perceived as an official endorsement of religion by a school official. She expressed concern that allowing such practices could lead to the perception of state-endorsed religion in public schools and undermine the Establishment Clause’s prohibition against government endorsement of religion.

Case Commentary

The ruling reaffirmed the protection of individual religious expression in public settings, particularly in the context of public employment. The ruling also underscores a broader interpretation of the Free Exercise Clause, highlighting the balance between individual religious freedoms and the separation of church and state. This case could influence future disputes involving religious expression by public employees and the extent to which such expressions are permissible in public institutions.