Cramer, Colleagues Stand with Coach Kennedy in Support of Free Speech and Religious Expression

Source: United States Senator Kevin Cramer (R-ND)

WASHINGTON – U.S. Senators Kevin Cramer (R-ND) and James Lankford (R-OK), Representative Vicky Hartzler (R-MO), and a group of 53 bicameral members of Congress filed a brief at the Supreme Court in support of Coach Joe Kennedy in Kennedy v. Bremerton School District. The Supreme Court is reviewing the Ninth Circuit’s decision that allowed Coach Kennedy to be fired for silently kneeling and praying after school football games once the players had left the field.

“The immediate and cascading effects of this case can scarcely be overstated—if the Ninth Circuit’s holding is left to stand, certain school districts will be emboldened (and others will feel compelled) to curtail the Free Exercise and Speech rights of half a million public school teachers and coaches who work in Ninth Circuit jurisdictions, while seriously threatening those rights for the three million teachers and coaches in other circuits nationwide. According to the Ninth Circuit, teachers’ and coaches’ speech degrades into unprotected government speech the moment they step through the schoolhouse gate and engage in ‘expression . . . during a time when [they are] generally tasked with communicating with Students’—meaning any time during school hours or functions,” argued the members.

“This case is about far more than a coach kneeling on a football field to pray. The Ninth Circuit’s ruling imperils the most basic forms of individual religious expression by each of the public school teachers and coaches within its jurisdiction. The effect is alarming. Take, for example, a teacher who observes Ash Wednesday, or a principal who visibly bows her head in silent prayer in a busy cafeteria before eating. The Ninth Circuit’s ruling requires schools to tamp down all such expressions––or terminate all teachers, coaches, and staff who will not check their religion at the door––under the auspice of the Establishment Clause. And if left uncorrected, this ruling threatens a paralyzing effect not just in the Ninth Circuit and not just in the school context, but nationwide and for all public employees,” continued the members.

Kennedy was head coach for the Bremerton High School junior varsity football team and an assistant coach for the varsity team. After each game, he waited until the players cleared the field, then took a knee and silently prayed. Bremerton High School sent Kennedy a letter demanding he stop praying after games. Coach Kennedy’s contract with Bremerton School District was not renewed, resulting in his termination.

Background:

Kennedy filed a lawsuit against Bremerton School District, which a federal district court dismissed. On appeal, a three-judge panel of the Ninth Circuit argued Kennedy’s prayers were not protected by the Constitution because he was praying as a public employee rather than in his private, personal capacity. In 2019, Coach Kennedy asked the Supreme Court to review the case. The Court denied review of the case, with a concurring statement by four Justices requesting more information. As such, the case went back to the lower courts. In March 2021, a three-judge panel of the Ninth Circuit upheld the District Court’s decision that Kennedy’s silent, public prayers after football games violate the Establishment Clause, and the circuit court denied an appeal for review.

Senators Cramer and Lankford are joined by Senate Minority Leader Mitch McConnell (R-KY) and Senators Marsha Blackburn (R-TN), Roy Blunt (R-MO), John Boozman (R-AR), Mike Braun (R-IN), Tom Cotton (R-AR), Ted Cruz (R-TX), Steve Daines (R-MT), Chuck Grassley (R-IA), Bill Hagerty (R-TN), Josh Hawley (R-MO), John Hoven (R-ND), Cindy Hyde-Smith (R-MS), Jim Inhofe (R-OK), Mike Lee (R-UT), Marco Rubio (R-FL), Ben Sasse (R-NE), Tim Scott (R-SC), John Thune (R-SD), Thom Tillis (R-NC), Roger Wicker (R-MS), and Todd Young (R-IN).

Click here to read the amicus brief.