The Court has used the test, originally created by Justice Sandra Day O’Connor, to strike down legislation providing a moment of silence for voluntary prayer at the beginning of the public school day ( Wallace v. The Court’s “endorsement” test holds that state actors, including public school officials, may not endorse religion. But school officials actually had good reason to believe that the coach’s actions violated one or more of the tests used by the Supreme Court to enforce the establishment clause. Given that players have good reason to pray if they finish a game healthy (not to mention that they are following the example of NFL players and coaches who pray after their games), it might seem like the school district bureaucrats should be flagged for unsportsmanlike conduct. When local school district officials learned of his actions, they requested Coach Kennedy pray alone and out of sight of students. Coach Kennedy was often joined by players, including those from the opposing team. That larger victory, by no means assured, would require the Court’s most conservative and originalist justices to adopt a more persuasive account of what constitutes a prohibited establishment of religion.įor years, Joseph Kennedy, an assistant football coach at a public high school outside of Seattle, took a knee in prayer at midfield after his team’s games.

But whether his win amounts to a lasting victory for religious liberty will depend on if the Court overturns its long-standing “wall of separation” precedents that promote government hostility toward religion. Given the Court’s current composition, many expect the coach to prevail. Bremerton School District, a case involving a football coach at a public high school who lost his job after repeatedly kneeling on the 50-yard line in post-game prayer. In April, the Court heard oral arguments in Kennedy v. Though all eyes are understandably focused on whether the Supreme Court will overturn Roe and Casey, the justices will also soon decide a significant establishment clause case.

Respecting an establishment of religion