Kennedy v. Bremerton School District

Citation

597 U.S. 507 (2022)

Facts

Joseph Kennedy, a public high school football coach, engaged in personal, post-game prayer on the field at the 50-yard line after games. The school district suspended him after he refused to stop the practice, fearing the public, on-field prayer violated the Establishment Clause. Kennedy sued, claiming violations of his Free Exercise and Free Speech rights.

Issue

Whether a public school district violates the First Amendment by prohibiting a coach’s personal prayer on the field after football games.

Holding

The Court held that the school district violated Kennedy’s Free Exercise and Free Speech rights by suspending him for his personal, post-game prayer.

Rule

Establishment Clause analysis should use historical practices and understandings rather than the Lemon test; government coercion is required for an Establishment Clause violation, and a coach’s personal, quiet prayer after a game does not constitute government endorsement of religion.

Courses