Supreme Court Lets High-School Football Coach Kneel in Prayer

Public employees do not lose their right to pray on the job.

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Joe Kennedy poses at Bremerton Memorial Stadium in Bremerton, Washington, March 15, 2022.

Meegan M. Reid/USA Today Network via Reuters

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 6โ€“3 in his favor, finding that his First Amendment rights to free speech and free exercise of religion were violated. Justice Neil Gorsuchโ€™s majority opinion in Kennedy v. Bremerton School District rejected the school districtโ€™s 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 weekโ€™s school-choice decision and formally abandoned the Lemon v. Kurtzman โ€œentanglementโ€ test, under which an establishment-clause violation could be found any time a school was โ€œentangledโ€ with religion. That test never had any basis in the Framersโ€™ ban on official state churches and proved hopelessly unworkable in practice.

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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