The Legal Lookout

Public school employees gain religious speech protections 

Nov. 14, 2022,

KALAMAZOO, Mich.— This past summer the United States Supreme Court ruled in favor of a coach from Bremerton, Washington who chose to publicly pray at midfield after football games with players which may, in fact, begin to give more freedom for public school employees to exercise religious rights in public (Kennedy v. Bremerton, 2022).

School districts have been forced to navigate between the First Amendment’s Establishment Clause (proscribing government entities from establishing religion) and the Free Exercise Clause (protecting an individual’s right to practice religion as they choose so long as it does not run afoul of a compelling government interest).

Courts throughout the nation have maintained a strict separation between religion and state interests (such as schools), but the recent decision is a major setback for those who espouse the separation doctrine. Prohibiting religious coercion has been a legal doctrine long protected by the courts and is embedded into how public school administrators manage their schools.

Some student-athletes did acknowledge that they felt pressure to participate in the coach’s prayers and were afraid that if they did not, they would lose playing time. This point highlighting coercion seemed to be ignored by the majority writing the Court’s opinion. This decision should give public administrators pause for how they manage employee religious speech, where in the past, certain displays and activities of religion in arenas where students could witness them was prohibited may become permissible despite the fact that the action could coerce students to participate.

Lastly, and rarely seen in a United States Supreme Court discussion, Justices disputed the facts of the case, which caused more consternation as the case was adjudicated. Unquestionably, this case opens the door for school employees to engage in religious speech without the fear of violating the Establishment Clause by students seeing or participating in the activities. This case demonstrates a shift from the concern for violating the Establishment Clause to the protection of religious speech rights protected by the Free Exercise Clause. 

For a more in-depth analysis of the Bremerton case, read the article here.