U.S Supreme Court Finds High School Coach's Post-Game Prayers Covered Under First Amendment

• Published date: 05 August 2022
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Health & Safety, Employee Rights/ Labour Relations, Trials & Appeals & Compensation
• Law Firm: Ford & Harrison LLP
• Author: Ms Johanna G. Zelman and Kadale Lubin

Executive Summary: The recent Supreme Court decision in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (June 27, 2022), is the latest to promote free exercise of speech and religion over all other competing interests. In its June 27, 2022 opinion, the Court's conservative majority held that the Free Exercise and Free Speech clauses of the First Amendment protect an individual engaging in personal religious observances from government reprisal, even when he does so on school property at a school-sponsored event. Kennedy held that a coach may pray at the 50-yard line after a high school football game. The decision strays from and overturns prior Supreme Court precedent established in Lemon v. Kurtzman, 403 U.S. 602 (1971), adhering to the separation of church and state, one of the United States' founding principles.

In Kennedy, Coach Kennedy kneeled in prayer at the end of each game at the 50-yard line and recited prayers of gratitude for "player safety, sportsmanship, and spirited competition." At first, Kennedy's midfield prayers were alone, but over the years he was joined by players, the public and even opposing teammates. Once the school...