Sunday, July 03, 2022

The Supreme Court has effectively authorized schoolteachers to pressure their students to pray

Andrew Koppelman

Kennedy v. Bremerton held that football coach Joseph Kennedy had the right to engage in what Justice Neil Gorsuch called a “short, private, personal prayer” on the 50 yard line after games.  The Court held that forbidding that prayer improperly discriminated on the basis of religion, because employees were allowed to do other personal things with their free time after games.  There was no “record evidence that students felt pressured to participate in these prayers” and no evidence that the prayers disrupted the school.

The actual facts are very different.

I elaborate in a new column at The Hill, here.

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