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”. In this case it means Joe Kennedy may not take part in prayer with student athletes using school property (the football field).
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On Wednesday, a religious liberty advocacy group called the Liberty Institute sent a letter to the school district saying Kennedy has a constitutional right to lead post-game prayers.
“There is no real legal leg the coach has to stand on here”, said Andrew Seidel, an attorney with the Freedom From Religion Foundation.
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.
Kennedy, who is head coach of junior varsity football and assistant coach of varsity football, began the post-game prayers in 2008 when he was first hired by the school district, said the Liberty Institute. Over the years, students joined the coach – all voluntarily. Soon his entire team, including opponents, joined him in prayer.
It’s also important to note the high court legally distinguishes between speech involving matters of public interest (war) versus speech on issues in which the person holds a personal stake (religion).
In a subsequent letter to Leavell and the school board, the Liberty Institute requested religious accommodation under Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.
After a few games, some students asked if they could be there while Coach Kennedy prayed.
The institute argues that “the First Amendment forbids religious activity that is sponsored by the government but protects religious activity that is initiated by individuals acting privately, as is the case with Coach Kennedy”. Superintendent Aaron Leavell said it was a violation of school policy that “staff shall neither encourage nor discourage a student from engaging in non-disruptive oral or silent prayer or any other form of devotional activity”.
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When the next football game ended and the players had cleared the field, Coach Kennedy walked alone to the fifty-yard line and prayed a short prayer, thanking God for his players, their safety, and their spirited competition. Should he violate school policy and federal law again, chances are he will be terminated from his position followed by costing his city and school thousands of dollars in pointless legal fees.
