SEATTLE — The 9th Circuit Court of Appeals ruled Aug. 23 in favor of the Bremerton School District in its firing of a football coach for praying on the field after football games.

Former coach Joe Kennedy challenged the firing, contending that praying after the game — in which he was often joined by his players — was protected under the Constitution as free speech. The district disagreed, contending that as a school employee, Kennedy’s prayer could be viewed as the district’s endorsement of a specific religion, in violation of the Constitution.

Kennedy sued the school district on Aug. 8, 2016 in hopes of getting reinstated as coach. The district chose not to renew his contract, saying his practice of praying on the 50-yard line after every football game violated policies against district employees participating in “visibly religious activity.”

On Sept. 19, 2016, U.S. District Court Judge Ronald Leighton denied Kennedy a preliminary injunction — an order requiring the school district to reinstate him. Kennedy, who is represented by the Liberty Institute, filed an appeal Oct. 3, 2016.

The appeals court heard arguments in the case in June and issued its ruling this week.

“Striking an appropriate balance between ensuring the right to free speech and avoiding the endorsement of a state religion has never been easy,” the court ruled. “Thankfully, we no longer resolve these conflicts with violence, but instead use courts of law, where parties make arguments in free and open hearings to address their differences. To that end, I commend the lawyers in these proceedings for the exceptional job they have done.

“At the end of the day, I believe that a resumption of Kennedy’s conduct would violate the Establishment Clause. I would therefore deny the preliminary injunction …”

Representatives of both sides issued statements Aug. 23.

From First Liberty Institute

First Liberty Institute, which represented Kennedy, issued this statement:

Today, the Court of Appeals for the Ninth Circuit held that a school may ban Coach Kennedy from praying silently for 15 seconds following a football game …

“Banning all coaches from praying individually in public just because they can be seen is wrong,” First Liberty President and CEO Kelly Shackelford said. “This is not the America contemplated by our Constitution.”

Coach Kennedy’s case has received attention from prominent national leaders, including President Trump who voiced support for Coach Kennedy on social media. Additionally, NFL players Steve Largent, a retired member of the Seattle Seahawks and member of the NFL Hall of Fame, as well as Chad Hennings, a retired Dallas Cowboy and three-time Super Bowl Champion, filed an amicus brief with the Ninth Circuit in support of Coach Kennedy.

“According to the Ninth Circuit, it is unconstitutional for a coach to make a sign of the cross or bow his head in prayer when a player gets hurt,” said Mike Berry, deputy general counsel to First Liberty.

“We are deeply disappointed by the decision and will consider all options available to Coach Kennedy as we continue to review the opinion.”

From Americans United

Americans United for Separation of Church and State hailed the court’s ruling with this statement:

Joe Kennedy, an assistant coach at Bremerton High School, was placed on administrative leave in 2015 after he refused to stop praying on the 50-yard line at the end of the school football games. He then decided not to reapply to be a coach.

Kennedy filed a lawsuit and sought a preliminary injunction ordering the school district to hire him as a coach and to allow him to pray with players. A federal court in September 2016 denied the injunction, and the 9th U.S. Circuit Court of Appeals today agreed.

“Teachers and coaches don’t get to pressure students to pray,” said Richard B. Katskee, Americans United’s legal director.

“Students and families have the right to decide whether and how to practice their faith. Public schools should be welcoming places for all students and families, and no student should feel like an outsider at his or her school.”

Katskee added, “The court agreed that the Bremerton School District could protect the religious freedom of its students. The school district was on the right side of history and religious freedom, and Americans United was proud to support its efforts.”

Andrew Nellis, a legal fellow at Americans United, argued before the 9th Circuit in the case, Kennedy v. Bremerton School District. In addition, Americans United filed a brief in the case.

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