![]() ![]() ![]() Kennedy chose not to seek renewal of his contract and sued for violation of his First Amendment rights. The District placed him on paid administrative leave and, after the season, gave him a poor performance evaluation based on his failure to follow District policy and failure to supervise student athletes after games. Following the final game at issue, Kennedy knelt again to offer a prayer, and was joined by other adults on the field. The superintendent informed him that this “moved closer to what wanted” but was still likely unconstitutional. After the next game, Kennedy again knelt at the 50-yard line, though briefly, and bowed his head for a short prayer. The District wrote to Kennedy again, explaining that it felt this could still be interpreted as school endorsement of religious activity, and directed him to pray after a game in a private location or engage in an interactive process to determine alternate accommodations. Subsequent to that directive, Kennedy offered a brief prayer after the next football game-most of the players on his team were occupied in the singing of the school fight song, but players from the other team and members of the community joined him. ![]() The District, however, directed him to avoid from engaging in “any overt actions” that could “appear to a reasonable observer to endorse… prayer…while he is on duty as a District-paid coach.” Kennedy ceased the practice of offering locker-room prayers and incorporating religious references into motivational talks to the players, but requested that he continue to be allowed to offer a “post-game personal prayer” of thanks at midfield. These practices continued without controversy for several years, until the District’s superintendent, concerned about potential Establishment Clause violations, sent Kennedy a letter instructing him to avoid motivational talks with students that included religious expression or prayer, and to avoid encouraging or supervising any prayer of students. Kennedy stated that he never pressured or encouraged any student to join in these prayers. At times, he also led pregame or postgame prayers in the locker room. Eventually, a majority of the team was joining him for prayer, as well as players from opposing teams, and Kennedy began incorporating motivational speeches with his prayers. Initially, he prayed alone, but over time some players began asking if they could pray alongside him, which Kennedy allowed. Bremerton School District, a case involving a football coach who had a regular practice of taking a knee at the 50-yard-line to pray following games. That tension came to a head in Kennedy v. This restriction at times creates tension with individual First Amendment rights regarding free speech and the free exercise of religion, particularly when addressing the religious expression of government employees while on duty. The First Amendment’s Establishment Clause prevents government entities, including school districts, from taking action that promotes the establishment of religion. This summer, the United States Supreme Court issued a decision that has potentially significant ramifications in analyzing the appropriate boundaries of religious exercise by school employees while on duty. ![]()
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