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Flying on a wing formation and a prayer

July 2022 employment law letter
Authors: 
Mark I. Schickman, SchickmanLaw

For the past 50 years, school districts prevented most religious expression around students and schools to avoid giving the impression the school sanctioned a specific belief. The desire to prevent any hint of establishing religion was enough justification for preventing public exercise of religion.

A Washington high-school football coach who wasn’t rehired because he insisted on dropping to a knee and praying after games lost his claim in a federal district court and in the 9th Circuit—before throwing a hail Mary to the U.S. Supreme Court.

Voluntary individual prayer or coercive congregation?

Joseph Kennedy began working as a football coach at Bremerton High School in 2008. He made it a practice to give “thanks through prayer on the playing field” at the conclusion of each game. Initially, he prayed on his own. But over time, some players asked whether they could pray alongside him.

Kennedy responded by saying, “This is a free country. You can do what you want.” The number of players who joined him eventually grew to include most of the team. Kennedy later began incorporating short motivational speeches with his prayer when others were present.

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