High-school coach not entitled to midfield prayer gatherings

The 9th Circuit recently ruled that a high-school football coach's after-game, on-field prayer sessions weren't protected by the U.S. Constitution.

Facts

Joseph Kennedy was a football coach at a public high school in the Bremerton School District in Washington. He was employed on an annual contract. He felt strongly that he should pray in the middle of the football field right after each game. Initially he prayed quietly alone, but players asked if they could join him, and he replied he couldn't tell them what to do. Over time, the gathering grew, and Kennedy started giving short motivational speeches containing religious content. His actions finally came to the attention of the district's administration.

The district was concerned that permitting Kennedy to continue his prayer gatherings might violate the constitutional prohibition against governmental promotion of religion—the Establishment Clause in the First Amendment to the U.S. Constitution. The administration discussed its concerns with Kennedy and offered him other ways he could engage in his religious activities in a more personal and private manner. They made clear he could offer nonreligious motivational talks but told him to cease engaging in public displays of religion if students were involved.