Morrisey praises order to reinstate praying coach

Oct. 28—West Virginia Attorney General Patrick Morrisey said a federal district court order to reinstate a football coach in the State of Washington who was fired "for leading prayers on the field after games" was the right move to make.

The reinstatement came after the U.S. Supreme Court ruled recently Coach Joseph Kennedy had the right to say a private prayer in the field after football games because Kennedy did not ask or require anyone to pray with him.

"Reinstating the coach is the right move after the U.S. Supreme Court ruled that the rights of students and parents uncomfortable with religion in the public sphere are no more important than the football coach's religious rights," Morrisey said in a statement Monday. "Religious liberty is one of the cornerstones of our democracy and should be enjoyed by all without fear of retaliation."

According to court papers, a joint stipulation was filed this week in a federal district court in Washington state indicating the coach should be reinstated to his previous position "on or before March 15, 2023," Morrisey said.

The school district was also ordered "to not interfere with or prohibit Kennedy from offering a prayer consistent with the U.S. Supreme Court's opinion."

Morrisey said the case involving Kennedy concerned religious freedom and whether a private religious activity violated the U.S. Constitution's Establishment Clause, which prohibits the government from "establishing" a religion. Kennedy would pray at midfield after a game. The school district asked him to stop doing so because it violated the board's policy and (in the board's view) the U.S. Constitution.

After being placed on administrative leave, Kennedy sued the school, arguing the termination violated his right to free speech.

The Ninth Circuit Court of Appeals ruled Kennedy's private act of prayer could be interpreted as government speech, so the school district was justified in curtailing Kennedy's religious expression.

But the U.S. Supreme Court disagreed, saying the prayer was private and no one else was asked or required to join in.

Morrisey said the Ninth Circuit's reasoning "weaponized the Establishment Clause" and the decision "could have required a school to root out any religious expression by its employees—even to fire teachers, coaches and staff who will not leave their faith at home."

The Supreme Court ruling vindicates religious equality, Morrisey said, although a school district may still require its employees to avoid coercing or compelling students to adopt favored religious beliefs or practices.

Morrisey had joined an amicus brief in support of Kennedy. The amicus brief was filed by the West Virginia Attorney General and 23 other state attorneys general.

The Freedom From Religion Foundation (FFRF) also released an opinion on the case, saying it is "tutoring each and every school district in over a dozen states not to violate student rights by misinterpreting a troubling Supreme Court decision."

"It is critical to understand that the scope of this ruling is exceedingly narrow," the FFRF contends in a memo the Wisconsin-based organization has sent to more than 6,100 school districts in 14 states, including West Virginia and Virginia.

"This decision does not give carte blanche to public school employees, including coaches, to engage in religious activity with their players or other subordinates, nor does it allow school districts to impose prayer on all students, parents and community members gathered for school-sponsored events," the FFRF said in the memo. "Public schools have a constitutional obligation not to coerce students into participating in religious rituals like prayer. The Bremerton decision simply affirms that school officials may pray privately during times when they are not acting in their official capacity as district representatives."

The FFRF said the court decision "specifically highlighted this important distinction. It also reaffirmed that school-sponsored prayer is constitutionally impermissible, explicitly distinguishing the private prayers of the coach in Bremerton from coercive, school-sponsored prayer, such as coach-led prayer with student participation and prayers broadcast over the loudspeaker before athletic events."

"The Bremerton decision has not changed the law at all regarding what school districts can and cannot do at its athletic events," the memo says. "It certainly has not opened the door for public school officials to coerce students into participating in religious activities by scheduling prayer at school-sponsored events, leading students in prayer, or inviting students to participate in prayer."

According to the memo sent to those school districts, "While the Bremerton decision focused entirely on the rights of the coach and ignored the rights of students to be free from religious proselytizing and indoctrination in public schools, you should strive to create an inclusive and welcoming environment for all students regardless of their religious or nonreligious beliefs."

Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com