Tennessee school facing questions after students led in religious foot washing ceremony

A high school in Robertson County is facing First Amendment questions after hosting a religious event for student athletes during practice — a move one organization is calling “unconstitutional” and “indoctrination.”

The Freedom From Religion Foundation, a national organization that works to uphold the separation of religion and governance, is calling upon White House Heritage High School to investigate after Andrew Fortner, a member of religious organization Middle Tennessee Fellowship of Christian Athletes, led a religious ceremony during a school basketball practice on Nov. 1.

The ceremony included having five student athletes wash their fellow teammates’ feet, while Fortner preached to the gathered teens.

A Nov. 1 post on Fortner’s Facebook page, which has since been removed, said, “Five Heritage players won a free throw shooting competition at practice and knew there would be a prize waiting for them. What was their prize … to wash the feet of their teammates! While we washed feet I read John 13:4-16 and shared how Jesus served his disciples.

“I stressed the need for our team leaders to chase the towel over the title. I cannot wait for more time to disciple these boys throughout the season! Shoutout to Robert Green for the lesson idea!”

Just days later, on Nov. 7, the school’s head basketball coach Carl Miller was recognized at the Northern Middle Tennessee Fellowship of Christian Athletes’ Fundraising Banquet as Fellowship of Christian Athletes’ Coach of the Year in Robertson County.

The Freedom from Religion Foundation is asking Robertson County Schools to investigate the feet-washing and proselytizing event and “ensure that the White House Heritage High School basketball program ceases infusing the program with religion.”

“It is illegal for public school athletic coaches to invite and allow a religious organization’s representative to proselytize students or require student athletes to participate in religious activities, including washing students’ feet in order to mimic a story from the Bible,” Samantha Lawrence, a legal fellow with the organization, said in a letter to the legal counsel for the school system “The Supreme Court has continually struck down school-sponsored religious exercises in public schools.”

Jim Bellis, communications coordinator for Robertson County Schools, declined to answer questions on the matter, calling the issue “unfounded allegations” and stating that the school system is “exploring the entire event and doing an investigation to make sure we've got all the information and that our assessment is accurate.”

The Freedom from Religion Foundation stated that, according to U.S. Supreme Court precedents, “student athletes have the First Amendment right to be free from religious indoctrination when participating in their public school’s athletics program.”

“It is illegal for public school athletic coaches to invite and allow a religious organization’s representative to proselytize students or require student athletes to participate in religious activities, including washing students’ feet in order to mimic a story from the Bible,” Lawrence’s statement said.

Supreme Court cases limiting a school’s ability to endorse religious events have spanned decades. Cases include Santa Fe Independent School District v. Doe, (2000), which found that holding student-led prayer over the loudspeaker before football games is unconstitutional, as well as the case of School District of Abington Township. v. Schempp, (1963), which found that holding school-sponsored devotional Bible readings and recitation of the Lord’s Prayer was unconstitutional; and Engel v. Vitale, (1962) which declared school-sponsored prayers in public schools unconstitutional, among others.

Some latitude is given to employees of school systems: most recently, the impactful 2022 decision in Kennedy v. Bremerton School District established that a high school football coach’s silent, private post-game prayer was indeed constitutional.

But the foundation pointed out that the court repeatedly stressed that the coach in that case “silently prayed alone.”

“The prayers ‘were not publicly broadcast or recited to a captive audience. Students were not required or expected to participate,’” said Lawrence, quoting the court filings. “In contrast, the White House Heritage High School boys basketball coaches have infused the program with religion. The school invited and allowed Mr. Fortner to read the bible to students while requiring some students to mimic a story from biblical scripture all as part of a school-sponsored basketball practice.”

In their statement, the Freedom from Religion Foundation asked that the school “remedy this serious violation of the First Amendment” and “remind all its coaches that they may not proselytize or push their personal religious beliefs onto students nor direct or invite an outside adult to do so.”

The USA Today Network - Tennessee's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.

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This article originally appeared on Nashville Tennessean: Robertson County school facing questions religious foot washing