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Home > Forums > The Open Forum
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The facts are not that simple. Read the first several pages of the School District's brief (3/25/22)

Author: conorlarkin (21016 Posts - Original UHND Member)
Posted at 5:31 pm on Apr 24, 2022
View All

It starts with:

Kennedy tells a breathless tale of authoritarian government forbidding private religious expression, insisting that unless the Court applies his preferred legal test, religious practice will be quashed across the country. But his argument relies on creative remodeling of both the facts and the law. Hypothetical constructs are no basis for adopting sweeping new constitutional rules. And when what actually occurred is considered under this Court’s settled precedents, the commonsense result is that the Bremerton School District was well within its legitimate authority when it regulated its employee’s very public speech.

After the District learned that Kennedy regularly prayed to and with the football team, it did not fire him. Instead, it instructed him on what constitutes appropriate speech for a public-school employee, and it made clear (as it did up to the end) that his religious practice would be accommodated. That appeared to resolve the matter: For a month, Kennedy prayed privately while the team was otherwise occupied, and the District let him be—a fact that he neglects to mention.

But because no good deed goes unlitigated, Kennedy’s counsel sent a letter to the District castigating its guidance and accommodation efforts as unconstitutional and demanding that Kennedy be permitted to continue his previous prayer practice. Kennedy then announced to the press that he would indeed be continuing his prayers as before. He spurned all accommodation attempts, and his counsel worked overtime to turn the community against the District, while insisting that Kennedy be allowed to continue his midfield prayer with students.

The public responded. District administrators received threats and hate mail. Strangers confronted and screamed obscenities at the head coach, who feared for his safety. Kennedy supporters and members of the press rushed the field, knocking over students. And at Kennedy’s final game, he invited a state legislator to join his prayer and address the team. Even then, the District still tried to work with Kennedy to find a suitable solution.

Ignoring these facts, Kennedy frames his prayers as personal and private. But his contemporaneous words tell the real story: He repeatedly demanded to “continue” his prayer practice, declaring that he was “helping these kids be better people.” And his counsel explained to the district court: “The young men on the team are looking up to the coach. * * * That’s precisely why Coach Kennedy wants to do what he does.”

Public-school coaches can and do help students “be better people.” But spiritual guidance should come from students’ families and houses of worship, not the government. Under this Court’s long-standing jurisprudence, the District’s interests in protecting students from religious coercion and in preventing employees from commandeering government events outweigh Kennedy’s interest in praying with the students on the 50-yard line.

Kennedy disregards that settled law, insisting that when a government employer responds to its employee’s public religious speech at work—even when that speech causes difficult and dangerous situations—the employer is acting because of religion, so strict scrutiny should apply. 3 The Court should reject that novel proposition. Kennedy’s proffered rule would introduce untold confusion for all government employers, who would have to decide in real time, as circumstances evolve on the ground, the precise moment when an employee’s speech suddenly ceases to be government speech and becomes absolutely protected private speech. That approach cannot be squared with the law, the practical realities of government employment, or common sense.


The American Dream belongs to all of us. — Kamala Harris

Replies to: "The facts are not that simple. Read the first several pages of the School District's brief (3/25/22)"

  • Thoughts? [NT] [LINK] - conorlarkin - 3:09pm 4/24/22 (31) [View All]
    • I don't understand why he's praying in the first place - MarkHarman - 10:29pm 4/24/22
      • No doubt this coach is a smacked ass. [NT] - conorlarkin - 5:14am 4/25/22
    • i find it interesting a country whose currency references God won’t allow a guy to pray. [NT] - WestCoastIrishFan - 7:06pm 4/24/22
      • Strawman! - - - No one said he can't pray. He just can't do it at the 50 yd line after a game - jimbasil - 7:24pm 4/24/22
        • do you mind when the fellowship of christian athletes does it at the end of games at public universi - WestCoastIrishFan - 7:29pm 4/24/22
          • I don't really care - If the school and the school district have an issue with it then - jimbasil - 7:36pm 4/24/22
            • why is it alright for a school to work on a kids gender identity? [NT] - WestCoastIrishFan - 7:39pm 4/24/22
              • Wow, I guess that had to happen sooner or later on this thread. - jimbasil - 7:46pm 4/24/22
                • I did a few weeks ago. States that have mandatory LBGQT teaching. - Stark Raving Dad - 8:47pm 4/24/22
                • do they not, are they not teaching it? [NT] - WestCoastIrishFan - 7:49pm 4/24/22
            • I agree but that is not why this case is going to the scotus. [NT] - WestCoastIrishFan - 7:38pm 4/24/22
    • If the coach was praying to Allah or Satan they wouldn't allow it. - NocalIrish - 6:45pm 4/24/22
    • All I can say is he’s at least not like the Anti Vaccine Kennedy. Otherwise he’s - PBHangingChad - 6:21pm 4/24/22
    • i see a lot of people in public universities praying around injured players - WestCoastIrishFan - 6:18pm 4/24/22
    • Not sure how he thinks he can sue for the right to continue. - jimbasil - 3:38pm 4/24/22
      • Because you have zero clue? [NT] - notredame678 - 7:28pm 4/24/22
        • Clue me in tough guy. [NT] - jimbasil - 7:29pm 4/24/22
      • This is a very close question. - conorlarkin - 3:53pm 4/24/22
        • Having read the briefs, I'd say that once again the ninth circuit should be over turned and pulled - JarHead4ND - 6:04pm 4/24/22
          • Oral argument is tomorrow. Will be a good listen. - conorlarkin - 8:16pm 4/24/22
        • Based on your explanation, if the participation was voluntary and after the 'school activity' was - TyroneIrish - 4:46pm 4/24/22
          • The facts are not that simple. Read the first several pages of the School District's brief (3/25/22) - conorlarkin - 5:31pm 4/24/22
            • Getting legal opinion from you would be the same as legal opinion from Jim. Both worthless. [NT] - notredame678 - 7:30pm 4/24/22
            • Got it...it was all patiently explained to Coach Kennedy and he prayed alone for a month, thus - TyroneIrish - 7:05pm 4/24/22
              • should the fellowship of christian athletes be disallowed and any player praying at the end of a ga - WestCoastIrishFan - 7:09pm 4/24/22
                • The "Fellowship of Christian Athletes" is an international non-profit (private) Christian - TyroneIrish - 8:09pm 4/24/22
                  • but they pray at midfield at public universities. your argu - WestCoastIrishFan - 8:28pm 4/24/22
                    • You're kidding...(I hope)... [NT] - TyroneIrish - 11:40pm 4/24/22
                      • was the coach’s prayer funded? [NT] - WestCoastIrishFan - 12:58am 4/25/22
            • so spiritual guidance should come from home but not gender identity? [NT] - WestCoastIrishFan - 6:22pm 4/24/22
    • If you care to read the briefs, here is link. [LINK] - conorlarkin - 3:15pm 4/24/22
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