“Each and every American must be capable of place confidence in public and no longer need to be frightened about being fired over it,” he mentioned in an interview. Kennedy, a Christian, says his prayers had been intended to satisfy a covenant to reward God after each and every sport “win or lose.”
“I feel you will need to stay our guarantees — particularly to God,” he mentioned.
For critics of Kennedy, the case represents a conceivable first step towards reimposing prayer in public colleges and blurring the strains between church and state. However supporters counter that the case activates loose speech rights.
“This can be a case about protective all people’ proper to talk freely — and to wish — within the public sq.,” Richard W. Garnett, a regulation professor on the College of Notre Dame, mentioned in a remark.
Kennedy served as an assistant trainer for Bremerton Top Faculty’s varsity soccer crew and head trainer for the college’s junior varsity squad in Washington state. He alleged that his rights had been violated when the college district prohibited him from praying on the conclusion of soccer video games, probably surrounded by way of scholars and contributors of the group.
The district mentioned it by no means disciplined him from providing silent, non-public prayers — a convention that started in 2008 quickly after he was once employed — however issues modified after avid gamers joined him at the box and the gang was once nonetheless within the stands.
A photograph of Kennedy praying, with about 20 avid gamers in uniform kneeling with him, is part of the document.
Kennedy was once in the end placed on paid administrative go away and suspended from this system. After the season, he was once given a deficient efficiency analysis. He didn’t search a brand new contract however as an alternative filed go well with, arguing that the college district had violated his rights below the First Modification.
“Kennedy spoke as a public worker when he kneeled and prayed at the fifty-yard line right away after video games whilst in view of scholars and fogeys,” the court docket mentioned. Even though Kennedy have been talking as a non-public citizen, the court docket mentioned the college had a justification for treating him another way than different contributors of the general public with a purpose to steer clear of the semblance that the college was once endorsing a selected religion, in violation of the Status quo Clause of the Charter.
The court docket mentioned its opinion “must no longer be learn” to signify {that a} trainer could not bow her head in silent prayer ahead of a meal within the faculty cafeteria, calling that form of expression of a “wholly other personality” than a trainer who “insisted that his speech happen whilst avid gamers stood subsequent to him, lovers watched from the stands, and he stood on the middle of the soccer box.”
The appeals court docket identified that the college district — ahead of striking Kennedy on go away — introduced to house his non secular workout in some way that “would no longer be perceived as District endorsement of faith” by way of offering {that a} non-public location inside the faculty be made to be had to him, or permitting him to attend till the crowed dissipated ahead of taking a knee.
However Kennedy rejected the lodging.
“They mentioned I may pray so long as it did not intervene with my training tasks … however the lodging they gave me totally got rid of me for a protracted time period clear of the very task I have been employed to do,” he advised CNN.
He mentioned the college district’s lodging additionally did not sit down proper with him as a result of he felt it might pressure him to “conceal” who he was once.
“There may be not anything improper with prayer — I do not care who you pray towards, when you have religion or wouldn’t have religion — you’ve the similar rights around the board as all American citizens of any trust,” he added.
Paul Clement, a legal professional for Kennedy, argued in court docket papers that public faculty workers wouldn’t have a constitutional proper to “inject prayer or proselytization into their legit tasks” however mentioned “the federal government does no longer identify a faith by way of permitting non-public non secular expression.”
“A public faculty does no longer endorse faith by way of declining to silence non-public non secular speech on faculty grounds, together with the non-public non secular speech of lecturers and coaches,” Clement mentioned.
At an previous segment of the case, when the dispute in brief got here ahead of america Excellent Courtroom, 4 justices prompt critical doubts a few decrease court docket opinion that went towards Kennedy. Justice Samuel Alito wrote on the time that the decrease court docket’s figuring out of “loose speech rights of public faculty lecturers is troubling and would possibly justify overview one day.”
Richard Katskee, a legal professional for American citizens United for Separation of Church and State, a gaggle representing the college district, advised the justices that Kennedy’s prayer observe was once “no longer non-public, non-public prayer.”
As an alternative, he argued, Kennedy was once looking for to wish in his capability as a trainer and had at one level invited others to enroll in him midfield so he may pray with them.
“The District, the scholars and Kennedy himself all understood that once he prayed aloud, on the 50-yard line, with the crew, on the finish of video games, he did in order a trainer,” Katskee mentioned. He emphasised that despite the fact that the court docket seen Kennedy’s speech as non-public, the college district had good enough justification to limit it as it was once entitled to “save you disruption of and handle regulate over faculty occasions.”
As an example, Katskee mentioned, a Satanist crew had come ahead to call for the similar get admission to to the filed.
He additionally famous that one participant felt forced to take part, fearing that if he did not, he would not get to play as a lot.
“For college kids who didn’t need to take part in Kennedy’s observe, the verdict to stick true to their very own ideals required them to get up, flip their backs at the crew, actually and figuratively, and stroll away, in complete view of coaches, teammates, classmates, lecturers and all the faculty group,” Katskee mentioned.
Kennedy advised CNN he was once surprised by way of the eye his case has introduced.
“It was once this type of small factor for this type of small period of time, I am in truth misplaced at the entire situation– it is senseless to me,” he mentioned.
