The Supreme Court's Decision on Public School Employees' Religious Activities
Implications of a Landmark Case
In 2022, the United States Supreme Court issued a decision in the Kennedy v. Bremerton School District case, which addressed the issue of permissible religious activities by public school employees. The case involved a high school football coach who was released from his coaching position for participating in post-game, 50-yard line prayers.
He returned to work, three weeks ago.
The Court's decision has far-reaching implications for permissible regulation of religious activities and speech of public school employees.
Background of the Case
The Kennedy v. Bremerton School District case involved an assistant football coach in Washington state who led post-game prayers on the 50-yard line after games. The coach, Kennedy, led these prayers with members of his own team as well as with coaches and members of opposing teams. No students were required or encouraged to participate, although many did. The district directed him to stop leading students in prayer, and Kennedy complied. However, he continued his practice of kneeling in personal prayer on the 50-yard line of the football field after games. The prayers took place during a time when the team's coaches were still on duty but allowed to attend to personal affairs. No students were present during these prayers, except from the other team. In response, the school district disciplined Kennedy on grounds that his conduct was not only disruptive and a violation of its policies and prior directives but it put the district at risk of violating the Establishment Clause of the First Amendment.
The Court's Decision
In a 6-3 decision, the Court held that the district's actions violated the Free Exercise and Free Speech clauses of the First Amendment. The Court focused on whether (1) the prayer was made as a public employee or private citizen and (2) whether it was impermissibly coercive on students. Finding the prayer to be private speech that had no coercive effect on students, the Court held that the coach's conduct was protected by the First Amendment.
Implications of the Decision
The Court's decision has far-reaching implications for permissible regulation of religious activities and speech of public school employees both during and outside of the school day. The decision rejected a long-standing line of cases upon which public school districts around the country have relied to evaluate religious activities and speech of public employees. The decision's focus on whether the speech was made as a public employee or private citizen creates a new standard for evaluating employee religious speech. The decision's rejection of the "Lemon" test, which had been used to evaluate the constitutionality of government actions that touch on religion, further muddies the waters on the permissible regulation of religious activities and speech by public employees.