A U.S. Supreme Court ruling that a high school football coach in Washington state had a constitutional right to pray at the 50-yard line after games has provoked strong reactions and left public school officials in Hawaii and across the nation struggling to discern how it might affect policies and religious acts on campuses and at school-related activities.
A policy for public schools in Hawaii says employees cannot initiate prayers or religious observances during school or school-sponsored activities. Yet prayers and moments of silence or reflection have been taking place at some Hawaii public school games for years, led by coaches at athletic fields, gyms and other sites.
The Supreme Court, in a 6-3 decision June 27, held that former Bremerton High School assistant football coach Joseph A. Kennedy’s kneeling on the 50-yard line in post-game prayer was private speech protected by the First Amendment’s free speech and free exercise of religion clauses. It was the latest step by the court to expand the role of religion in public life.
Justice Neil Gorsuch, writing for the majority, said, “Respect for religious expressions is indispensable to life in a free and diverse republic — whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head.”
Eva Andrade, president of Hawaii Family Forum, an educational and advocacy nonprofit organization, said she welcomes the court’s ruling.
“I think we would always support an individual’s right to bring their faith to their occupation, as long as there is no coercion” that pressures others to join in, she said.
The liberal justices in the minority said there was evidence that Kennedy’s prayers at the center of the field had a coercive effect on students and allowed him to incorporate his “personal religious beliefs into a school event.”
The American Civil Liberties Union has argued that the coach’s actions did not constitute protected free speech and violated the separation of church and state.
“As the Supreme Court recognized over 60 years ago, it’s inherently coercive for school officials to pray with students while on duty,” Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief, said in a statement. “(The) ruling ignores that basic principle and tramples the religious freedom of students who may not share the preferred faith of their coaches and teachers.”
One challenge now for public schools will be finding the line between protected private speech and religious activity that could be seen as coercive. Critics of the ruling say nonreligious students and students from minority religious groups could feel pressure that participating is necessary in order to win favor from adults in authority.
Some schools also may have to help communities understand that, contrary to some popular posts on social media, the court ruling did not provide unfettered freedom to lead students in prayer at public school, constitutional lawyers say. It did not endorse teachers leading students in prayer during instructional time. The ruling specified that it applied to “private speech,” and the justices in the majority emphasized the fact that the coach prayed after the games were over when he was not responsible for students.
In Hawaii, state Board of Education Policy 900-3 says state public school employees acting in their official capacity cannot initiate prayers or religious observances during school or school-sponsored activities.
The policy reads, “Prayer and other religious observances shall not be organized or sponsored by schools and the administrative and support units of the public school system, especially where students are in attendance or can observe the activities.”
“Employees are expected to abide by the board policy as currently written. Any updates to board policies are for the board to determine,” Nanea Kalani, communications director at the state Department of Education, said in an email response to a Honolulu Star-Advertiser request for comment. “We do expect this decision will bring more attention and scrutiny to this area, and the department will need to continue to be mindful of situations involving free speech and free exercise rights under the First Amendment.”
The Oahu Interscholastic Association, the athletic conference for Oahu public secondary schools, did not respond to multiple requests for comment. Bruce Voss, a BOE member who became board chair effective Friday, said the board is not clear on how the DOE has been applying the policy and how the court ruling might affect it, but will study the issue.
One Hawaii public school athletic coach who for years has been holding prayers or quiet moments of reflection with student players before and after games said many other coaches at other schools have done so as well, but they have been careful to avoid imposing their personal beliefs on students and to make it clear that joining is optional.
The coach, who asked not to be named for fear of reprisal from DOE officials, said the coaches try to choose general words that respect students of all faiths as well as nonreligious students. He prays for the safety and protection of players before the game and gives thanks afterward.
He said a minority of students join in, and those who assemble but aren’t inclined to pray are encouraged to use the moment for silence or reflection.
“Most coaches understand that when we pray we’re not forcing anyone to join us,” he said. “We’re not telling you you have to be a certain religion. … Our point of view is we’re sharing the aloha spirit. We all are supposed to treat each other with kindness.”
Constitutional law experts say understanding the impact of the court’s ruling requires understanding the unique facts of the case.
Kennedy started coaching football at Bremerton High School in 2008 and initially prayed alone on the 50-yard line at the end of games. Students started joining him, and over time he began to deliver a short, inspirational talk with religious references.
Kennedy did that for years and also led students in locker room prayers, The Associated Press reported. The school district learned what he was doing in 2015 and asked him to stop out of concern the district could be sued for violating students’ religious freedom rights.
Kennedy stopped leading students in prayer in the locker room and on the field but wanted to continue kneeling and praying on the field himself after games. The school asked him not to do so while still “on duty” as a coach after the games. When he continued, the school put him on paid leave.
The head coach of the varsity team later recommended he not be rehired because, among other things, he failed to follow district policy.
Kennedy sued in federal court, alleging the district’s actions violated his free speech and free exercise of religion rights under the First Amendment. Lower courts sided with the district, but the Supreme Court ruled that his prayers were speech that was protected by the Constitution.
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The Associated Press contributed to this report.