Coach Loses Bid To Pray On 50-Yard Line

In Kennedy v. Bremerton School District, (9th Cir., Aug. 23, 2017),  the U.S. 9th Circuit Court of Appeals affirmed the district court's denial of a preliminary injunction sought by a Washington-state high school football coach who in a widely publicized challenge to his school district was suspended for kneeling and praying on the football field 50-yard line immediately after games.  The appeals court concluded that Coach Joseph Kennedy was not likely to succeed on the merits of his free speech claim  It held that in kneeling and praying on the 50-yard line, Kennedy was speaking as part of his public employment.  His employer had the right to order him not to speak in his official capacity in the manner which he did.  The court added:

On Friday nights, many cities and towns across America temporarily shut down while communities gather to watch high school football games. Students and families from all walks of life join “to root for a common cause” and admire the young people who step proudly onto the field.... While we “recognize the important role that public worship plays in many communities, as well as the sincere desire to include public prayer as a part of [these] occasions,” such activity can promote disunity along religious lines, and risks alienating valued community members from an environment that must be open and welcoming to all.... That is why the “preservation and transmission of religious beliefs and worship is a responsibility and a choice committed to the private sphere, which itself is promised freedom to pursue that mission.”

Judge Smith filed a concurring opinion to express his view that the school district's actions actions were also justified to avoid violating the Establishment Clause. The majority held that it need not reach the Establishment Clause issue.  Kitsap Sun reports on the decision.

Cert. Petition Filed In School Board Prayer Case

A petition for certiorari (full text) was filed with the U.S. Supreme Court today in American Humanist Association v. Birdville Independent School District, (filed 7/31/2017).  In the case (sub. nom. American Humanist Association v. McCarty) the U.S. 5th Circuit Court of Appeals upheld a school board's practice of opening its meetings with presentations from students, which often involve a prayer.  The 5th Circuit held that this should be covered by the legislative prayer cases, not the decisions regarding school prayer. (See prior posting.)  the American Humanist Association issued a press release announcing the filing of the petition for review.

Organization Announces Campaign To Promote Graduation Prayer

Liberty Counsel this week announced its annual "Friend or Foe Graduation Prayer Campaign," saying in part:

Liberty Counsel will educate and, if necessary, litigate to ensure that prayer and religious views are not suppressed during graduation ceremonies across the Nation.

Liberty Counsel is making available red prayer wristbands which students can wear as a reminder to pray at graduation and all throughout the school year.... Students have the constitutional right to wear religious jewelry and to pray during noninstructional times while at school. Liberty Counsel also has a free legal memo on graduation prayer.

State High School Athletic Association Sued Over Its Refusal To Allow Broadcast of Pre-Game Prayers

In Tampa, Florida yesterday, a Christian high school filed a lawsuit in federal district court against the Florida High School Athletic Association (FHSAA) which refused to allow the school to use the loudspeaker at a state football championship game for pre-game prayer.  The complaint (full text) in Cambridge Christian School v. Florida High School Athletic Association, (MD FL, filed 9/27/2016), alleges that both Cambridge Christian and its opponent at the game, another private Christian school, wanted to lead students, teacher and fans in communal prayer before the game.  FHSAA, the state agency that supervises and regulates interscholastic athletics for both public and private schools in Florida, refused on the ground that as a state agency, it could not legally grant permission of this kind, especially since the stadium in which the championship game was being played is a public facility paid for mostly by tax dollars. The teams ended up praying together on the field, but could not be heard by spectators and fans.

The school contends that the refusal to allow it to use the loudspeaker for prayer, while it is available for non-religious messages and cheer leading before, during and after the game, violates its rights under the free exercise, free speech and establishment clauses of the state and federal constitutions as well as under the Florida Religious Freedom Restoration Act. Tampa Bay Times reports on the filing of the lawsuit.

Football Coach Sues Seeking Right To Pray At 50-Yard Line

Yesterday Bremerton, Washington, High School assistant football coach Joe Kennedy who was placed on paid leave for insisting on praying at mid-field at the end of games (see prior posting) filed suit against the Bremerton school district alleging free exercise, free speech and Title VII violations.  The complaint (full text) in Kennedy v. Bremerton School District, (WD WA, filed 8/9/2016), contends that Kennedy is compelled by his sincerely held Christian religious beliefs to engage in brief private religious expression at the conclusion of school football games. He offers a prayer of thanksgiving as part of a covenant he made with God.  The complaint argues that the school district's directive which bans any "demonstrative religious activity" that is "readily observable" to students or members of the public is unconstitutional. The suit seeks declaratory relief as well as an order reinstating Kennedy and granting him a religious accommodation that allows him to pray at the 50-yard line at the conclusion of games.  Seattle Times reports on the lawsuit.  First Liberty has also created a website with details of the case.

4th Circuit Hears Oral Arguments In Graduation Prayer and Venue Case

On Tuesday, the U.S. 4th Circuit Court of Appeals heard oral arguments in American Humanist Association v. Greenville County School District. (Audio of full oral arguments.) At issue was the graduation ceremony prayer policy of the Greenville County, South Carolina school district, as well as its practice of holding some graduation ceremonies at a religious chapel on a local college campus. (See prior posting.) Greenville News reports on the oral arguments.

Prayer At School Board Meetings Governed By School Prayer Criteria

In Freedom From Religion Foundation, Inc. v. Chino Valley Unified School District Board of Education, (CD CA, Feb. 18, 2016), a California federal district court, in a 26-page opinion, held that invocations at school board meetings are governed by case law relating to school prayer, not by the line of cases on legislative prayer. Emphasizing that students regularly attend and make presentations at school board meetings, the court found the invocation policy unconstitutional, saying in part:

Because of the distinct risk of coercing students to participate in, or at least acquiesce to, religious exercises in the public school context, the Court finds the legislative exception does not apply to the policy and practice of prayer in Chino Valley School Board meetings.

The court also invalidated the Board’s practice of praying reading from the Bible and making religious statements at various points in school board meetings. (Court's order).  FFRF issued a press release announcing the decision.

Air Force Academy Says Football Players Can Continue Pre-Game On Field Prayers

Yesterday's Christian Post reports on last month's controversy over U.S. Air Force Academy football players praying together in the end zone before the start of games. The Military Religious Freedom Foundation complained after several players kneeled in prayer on the field before the start of the December 5 Falcons contest against the San Diego State Aztecs.  MRFF argued that pre-game prayer pressures non-Christian athletes to join in.  Before the Falcons final game on Dec. 29, the Air Force Academy countered with a statement, saying in part:

The United States Air Force Academy will continue to reaffirm to cadets that all Airmen are free to practice the religion of their choice or subscribe to no religious belief at all.  The players may confidently practice their own beliefs without pressure to participate in the practices of others.

Washington Football Coach Is Latest Focus In Battle Over Prayer At School Activities

An AP report yesterday focused on Bremerton, Washington, High School assistant football coach Joe Kennedy who is quickly becoming the latest focus in the ongoing battle over prayer at public school events.  Kennedy has been praying mid-field at the end of the game since 2008, but his actions have not become a cause for controversy until last month. Needless to say, Kennedy and school officials have starkly differing narratives.

Kennedy's lawyers, the Liberty Institute, say that Kennedy is merely engaging in a personal faith practice, in which he has often been voluntarily joined by a majority of his team, other coaches and the opposing team. The school district, however, says that coaches still have duties after the game is over, and permitting Kennedy to engage in a public religious display in the midst of his duties would amount to district endorsement of religion. He has now been placed on paid administrative leave. The school district says it has offered to accommodate Kennedy by providing him a private location for him to use to pray in a way that does not interfere with his duties.  Kennedy's lawyer responds: "When it comes to religious freedom in the country, that's never been the law, that you can have religious expression, but you have to hide it somewhere." (Bremerton Patriot.)  Apparently Kennedy plans to sue claiming a denial of religious accommodation.

Meanwhile, others are getting into the act.  In October, the Freedom From Religion Foundation sent a letter to the Bremerton superintendent supporting the school district's position. (Press release.) As reported by the Christian Post, 47 members of Congress this week signed a letter (full text) supporting Kennedy. And (as reported by RT) this week the Seattle Chapter of the Satanic Temple, saying that the school has essentially turned the post-game field into a public forum for religion, wrote to school officials (full text of letter) saying: "In light of football coach Joe Kennedy’s public prayer on the Bremerton High football field at the October 18 game, The Satanic Temple of Seattle requests permission to also perform a public Satanic invocation on the football field after the next football game, at the behest of a Bremerton High student."

School Prayer Lawsuit Settled

The Freedom From Religion Foundation announced Monday the settlement of its lawsuit against the Emanuel County, Georgia school system. (See prior posting.)  The suit challenged prayer in kindergarten and first grade classrooms and the mistreatment of students who objected. FFRF says it is dismissing its suit after the county implemented teacher training on the obligation not to promote religious beliefs in the classroom and paid damages to the complaining family.

Illinois Statute Expands Permissible Student Prayer

Yesterday Illinois Governor Bruce Rauner signed HB 165 (full text) amending the Silent Reflection and Student Prayer Act to permit students during non-instructional time before or after school to engage not only in individually initiated prayer, but also "collectively initiated, non-disruptive prayer or religious-based meetings, including without limitation prayer groups, B I B L E (Basic Instruction Before Leaving Earth) clubs, or "meet at the flagpole for prayer" days," However these may not be "sponsored, promoted or endorsed in any  manner by the school or any school employee."

Religion In Schools Lawsuit Settled

The American Humanist Association announced yesterday that it has reached a settlement with the Hall County, Georgia school system in a suit that sought to enjoin prayers and religious activities that are part of the District's football and other athletic programs. (See prior posting.)  According to the AHA:

Under the settlement, the school superintendent will issue a memorandum detailing the standards for religious neutrality required by the Establishment Clause of the First Amendment and the Equal Access Act to the principals in all of its 36 schools. The district will host a training session before the start of the school year for administrators, who will educate staff and coaches on their constitutional duties. The district also agrees to pay the American Humanist Association’s legal fees of $22,500.

The school district also posted an announcement of the settlement, saying in part:

All parties agree it is paramount that the Constitution of the United States is protected and upheld. Furthermore, in a manner similar to the routine training provided to staff in areas such as child abuse reporting and the security of personal records, we agree that routine professional training for staff should include the legal rights and responsibilities of individuals regarding issues related to religion in the public school setting.  While public school students are guaranteed wide-ranging religious freedoms, employees’ rights are more limited when in their work settings.

The Hall County School District admits to no violations of state or federal laws. The district will continue to hold the expectation that individuals within our organization abide by the laws of our land. The Hall County School District will make no monetary compensation to the plaintiffs. Insurance carriers are negotiating all questions regarding legal fees.

Group Challenges University Football Coach Leading Players In Lord's Prayer

The Toledo Blade reported Wednesday on a letter (full text) sent by Freedom From Religion Foundation to the president of the University of Toledo (a public university) complaining about a video posted on the University's YouTube channel showing football coach Matt Campbell leading his players in the Lord's Prayer.  The video of pre-game activity, apparently shot by a mobile video camera attached to one of the player's helmets, shows the coach calling together the team in the locker room so they can offer the prayer to fire the players up as they are about to run onto the field. The video is from a 2012 game against the school's traditional rival, Bowling Green State University. However the Blade article also features a photo of Coach Campbell leading the team in prayer after a 2015 game. A University spokesman said the school is reviewing FFRF's letter.

School Board Sued Over Invocation Policy

The American Humanist Association announced yesterday that it has filed a lawsuit against a Texas school district on behalf of a former student challenging the school board's invocation policy.  The complaint (full text) in American Humanist Association v. Birdville Independent School District, (ND TX, filed 5/18/2015) alleges that the school board and its members violate the Establishment Clause by selecting elementary and middle school students, and occasionally high school students, from District schools to deliver prayers as part of the regular School Board meetings. Often the prayers are Christian and make specific reference to Jesus. The suit seeks an injunction and punitive damages.

Georgia School Sued Over Classroom Prayers

As reported by the Atlanta Journal Constitution, on Monday the Freedom From Religion Foundation and a non-religious family filed suit against the Emanuel County, Georgia school system challenging a school's use of prayers in kindergarten and first grade classrooms.  The complaint (full text) in Freedom From Religion Foundation, Inc. v. Emanuel County School System, (SD GA, filed 2/9/2015), alleges that when parents complained about teachers' leading the classes in prayer, the teachers' response was to require objecting students to sit in the hallway while other students prayed.  The teachers also made comments in front of the class embarrassing to the objecting students, pressuring the first grader to pray with the rest of the class until her parents learned of the situation.  The suit seeks an injunction and damages for the school's violation of the Establishment Clause.

Consent Decree Entered In Suit Over Devotional Exercises In School

The American Humanist Association yesterday announced the entry of a consent decree which settles its lawsuit against a Missouri school district.  AHA sued the district over devotional exercises held before the beginning of school in the classroom of a teacher who is adviser to the Christian student group. (See prior posting.) The consent decree (full text) in American Humanist Association v. Fayette R-III School District, (WD MO, May 19, 2014) requires the school district to amend its Student-Teacher Handbook in various ways and provides other relief.  As summarized in AHA's press release:

In the consent decree agreed upon by the parties, the school is permanently enjoined from promoting prayer and religious activity, and religious clubs will be given no special privileges that other clubs do not enjoy. The school district also agreed to amend its announcement policies so that they will not identify any religious activities taking place at student group meetings. Also, faculty sponsors of student groups will not be permitted to participate in religious activities of the groups. School employees will also no longer be allowed to keep religious materials in places in open view.

Student Seeks Contempt Penalties For School's Violation of Consent Decree On Prayer

As previously reported, last year the Rankin County, Mississippi school district adopted a new policy on religion in schools in order to settle a suit by a student complaining that the district high school sponsored assemblies which promoted Christianity, and which students perceived as mandatory. The new policy was incorporated into a court-ordered consent decree. Now AP reports that the student, backed by the American Humanist Association (press release), has filed a motion to hold the school district and its administrators in contempt because of a district-wide honors assembly last month which was opened with an invocation by a Methodist minister. The student says that she felt pressured to participate in the prayer which she interpreted as containing a reference to Jesus' resurrection. (Full text of Memorandum of Law in support of contempt motion).

Consent Decree Bars Louisiana School District's Promotion of Religion

The ACLU announced on Friday the entry of a consent decree (full text) in Lane v. Sabine Parish School Board, (WD LA, March 14, 2014), enjoining the blatant promotion of Christianity (and harassment of a Buddhist student) that had been taking place in the Negreet, Louisiana schools. (See prior posting.) The detailed 11-page decree decree enjoins school officials from promoting prayer at school events, funding or sponsoring religious services, holding school events at religious venues when other locations are available, promoting personal religious beliefs to students in school or at school events, denigrating a particular religious faith or singling a student out for criticism because of his or her religious beliefs. It also puts strict limits on the distribution of material in schools by outside groups.

Virginia Legislature Passes Student Religious Expression Bill; Veto Expected

As reported by Metro Weekly, yesterday the Virginia General Assembly gave final passage to SB 236 which protects student religious expression in public schools. The vote was 20-18 in the Senate and 64-34 in the House of Delegates.  The bill would protect voluntary student prayer and prayer gatherings before, during and after school; wearing of clothing or jewelry displaying religious messages; and expression of religious viewpoints by neutrally selected student speakers at graduation and similar events. As reported in Tuesday's Roanoke Times, Gov. Terry McAuliffe's office has said that the governor will veto the bill out of concern for its constitutionality and its unintended consequences.

UPDATE: The Washington Post reports, as expected, that Gov. McAuliffe vetoed the bill on April 4.  [Thanks to Scott Mange for the lead.]

Alabama Proposal Would Call For Reading Congressional Prayers In Classrooms

Proponents of school prayer have come up with a new approach in Alabama. Proposed House Bill 318 calls for reading prayers from the Congressional Record to teach students about Congress' formal procedures:

At the commencement of the first class of each day in all grades in all public schools, the teacher ... shall, for a period of time not exceeding 15 minutes, instruct the class in the formal procedures followed by the United States Congress.  The study shall include, but not be limited to, a reading verbatim of one of the opening prayers given by the House or Senate Chaplain or a guest member of the clergy at the beginning of a meeting of the House of Representatives or the Senate.

The Anniston Star this week quotes the Rep. Steve Hurst, the bill's sponsor:

Hurst said the bill would help students learn more about history and civics. "They could read the prayer from the day war was declared in World War II," he said. "They could read the prayer the day after Sept. 11."