The school district sent the assistant coach a letter in September ordering him to stop his post-game prayers.
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Santa Fe Independent School District v. Doe, which found that schools may not allow prayers to be read – even by students – over the public address system at even optional extracurricular events, such as football games.
Sasser said that while the district says the prayers violate the Constitution, it is actually the district violating Kennedy’s First Amendment rights.
A high school football coach who has been ordered to stop leading team prayers on the 50-yard line said on Thursday that he would continue the tradition at the risk of being fired because he has an “agreement with God”. The district, though, said that students are not permitted to join in. Coach Kennedy says he will exercise his constitutional right to pray privately, regardless of the school’s response. It reinforced earlier rulings forbidding school officials and administrators from endorsing religion through action, participation or favorable treatment.
While he typically goes on the field to pray alone, students and players often voluntarily join him – and that is what has sparked controversy and concerns over the separation of church and state.
Kennedy, a self-described God-fearing former Marine, spoke to “Fox & Friends” co-host Steve Doocy on Thursday and said he will hold a prayer following his team’s home game this week.
Hiram Sasser of Liberty Institute said Kennedy’s prayers were legal.
The district based its decision on school board policy and several legal precedents.
Initially, Kennedy complied with the order from the district.
Unfortunately for Kennedy and the Liberty Institute, Tinker doesn’t quite pertain to this instance as it deals specifically with speech and expression of a public nature (wearing arm bands to protest war). He also plans to pray after this weekend’s Homecoming game, no matter what.
Kennedy and his lawyer believe that the prayers don’t break the law because it happens after the game. “School staff shall neither encourage nor discourage a student from engagement in non-disruptive oral or silent prayer or any other form of devotional activity”.
In a follow-up to that letter he spoke again yesterday regarding Kennedy’s intentions to violate school policy and federal law.
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The prayers began in 2008, when players saw their coach praying on the 50-yard-line after a game.
