SCOTUS 1st amendment decision KENNEDY v. BREMERTON SCHOOL DISTRICT
At issue was Coach Joe Kennedy an 18 year Marine vet . He is a religious High School Football Coach . At issue was that he was seen kneeling and praying for about 15 seconds at the 50 yard lines after games . Some of his players saw him and asked to join him. His reply was that this was a free country ..
His principle got a complement from a coach from another school about it . So the principle launched and investigation. District officials asked him to stop praying with students . He agreed .
That was not enough .They then asked him to stop praying where he could be seen. They offered him a small out of the way press box to do his prayers .
He refused.
The school fired him.
He sued .
The 9th Circus Court somehow decided that his prayer was government speech prohibited by the Establishment Clause .
The case went to SCOTUS
He won.
21-418 Kennedy v. Bremerton School Dist. (06/27/2022) (supremecourt.gov)
Justice Gorsuch wrote :
"We are aware of no historically sound understanding of the Establishment Clause that begins to '(make) it necessary for government to be hostile to religion' in this way,"
"The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike,"
“Respect for religious expressions is indispensable to life in a free and diverse Republic—whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head,” .... “Here, a government entity sought to punish an individual for engaging in a brief, quiet, personal religious observance doubly protected by the Free Exercise and Free Speech Clauses of the First Amendment. … The Constitution neither mandates nor tolerates that kind of discrimination.”
Justice Sotomayor in her dissent claimed the students were cooerced into praying with him. That is just nonsense. The students who participated in the brief prayer asked to join him.