Joe Kennedy, an assistant football coach at a public high school in Washington State, felt impelled to kneel in prayer on the field after games. He was disciplined and ultimately lost his job. Today, the Supreme Court ruled 6โ3 in his favor, finding that his First Amendment rights to free speech and free exercise of religion were violated. Justice Neil Gorsuchโs majority opinion in Kennedy v. Bremerton School District rejected the school districtโs irrational view that allowing a single public employee to pray by himself was the equivalent of establishing a state church under the establishment clause.
The Court went where it declined to go in last weekโs school-choice decision and formally abandoned the Lemon v. Kurtzman โentanglementโ test, under which an establishment-clause violation could be found any time a school was โentangledโ with religion. That test never had any basis in the Framersโ ban on official state churches and proved hopelessly unworkable in practice.






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