The wall separating church and state may not be crumbling as a result of the U.S. Supreme Court’s decision in Kennedy v. Bremerton School District (no. 21–418, decided June 27, 2022), but it allows a more public role for religious expression than is reasonably necessary to protect it under the First Amendment. As with the “time, place and manner” limitations on free speech, there is a place (indeed, more than one place) for prayer. A school football field should not have been one of them.

Joseph Kennedy was football coach for the Bremerton School District. Hired in 2008, he had adopted the habit of offering prayers of thanksgiving on the field at end of each game, allowing students to join him if they desired. He also offered up prayers in locker rooms before and after games, again allowing students to participate if they wished. The school district became aware of these activities in September 2015 and when it was informed, it instructed him to refrain on grounds that it gave the impression that the district was endorsing religious activities by students and staff. Kennedy accepted the directive but then asked if he might be allowed to pray alone on the football field after a game was over. That request was rejected on the ground that even his private, personal prayer while on duty as coach could risk implicating the district in involvement with religion. Instead of complying, Kennedy, at the next football game in October, knelt on the 50-yard line at the end of the game and recited a prayer. He was joined by others but not at his request or instruction. He was placed on administrative leave and his contract was not renewed when it ended.

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