The Supreme Court on Tuesday refused to hear an appeal from a dispute between the Washington State school district and a football coach that was fired for kneeling and praying after a game. Joseph Kennedy, former Bremerton High School football coach, was fired in 2015 for showing his religious beliefs by kneeling at the 50-yard line after a game. Religious conservative groups argued that he was being denied his First Amendment right of freedom of speech.
Four conservative justices wrote their concerns for religious liberty but agreed that the case was not up for review. In 2017, Kennedy sued but lost in the lower courts. In his appeal to the Court he explained how his religious beliefs was a sign of showing thanks after every game. This is affecting our nation as a whole because if coaches or school officials are not aloud to pray, this contradicts the Constitution. Having the right of free speech allows everyone to express their beliefs, and this includes praying. It has taken a long time for Kennedy to feel as if he would be able to right this wrong made by the school district and lower courts, but as of January 22, 2019, the Supreme Court refused to hear his appeal.
Do you think Kennedy is in the wrong? Why would the court not hear his appeal? Is there more Kennedy can do?
This is a rather interesting situation. Kennedy was effectively denied the ability to exercise his religion by a government-run school. Seeing as though what he was doing doesn't necessarily appear to establish a religion in such a way as to violate the Establishment clause of the First Amendment, it would appear that the government infringed on his right to freely exercise his religion.
ReplyDeleteHowever, he essentially works for the government, and by extension, that would mean that he was exercising religion on government property just after a government-run football game, which may violate the Establishment clause after all.
Even still, there are numerous aspects of the government that are more explicitly religious and apparently don't "establish" a religion, such as the Pledge of Allegiance ("on nation under God"), US currency ("in God we trust"), and so on. If those things aren't considered to establish a religion, then there is surely no reason to consider Kennedy's actions to violate the Establishment clause either.
Unless the Supreme Court simply doesn't want to hear such a case out of fear of making controversial decisions, I don't know why they would refuse this case. After all, if any Court precedents would already establish either the school or Kennedy as guilty, then the courts should have ruled accordingly, and this issue should already be solved. If not, then this case could add to the precedents the Court has already established regarding how the First Amendment applies in situations like this.
Kennedy is not in the wrong. He has First Amendment Protection of free speech and he is not physically forcing any student to stay for the prayer, therefore he isn’t imposing a religion either.
ReplyDeletePerhaps the Court felt as though the Engel v. Vitale covered this in their decision.
Maybe Kennedy can try petitions, but it seems like he may be out of options.
I don't think Kennedy is in the wrong. I believe that the should have the right to do such actions. I don't know why the Supreme Court wouldn't want to hear this case, unless they don't think it is important enough or if past cases are too similar to this one. Kennedy can continue to fight for himself and the actions that many other coaches and teachers do in support of their religion.
ReplyDeleteI don’t think Kennedy was in the wrong. For now, he can speak out against the Court’s decision on this.
ReplyDelete