Kennedy v. Bremerton (2022)
Background Information
Understanding the facts and constitutional questions
Connecting to Our Guiding Question
When, if ever, should the government be allowed to limit a person's constitutional rights in order to protect the community?
This case asks whether a public school may limit a coach's First Amendment right to practice his religion by restricting where he prays. The district said it acted to protect students from religious coercion. It also wanted to avoid looking like it endorsed a religion. As you read, weigh the coach's religious freedom against the community's interest in keeping government neutral about religion.
Key People in This Case
An assistant coach who prayed at the 50-yard line after games. When the district told him to stop praying there with students watching, he kept praying there. He was placed on paid leave and did not return the next season. He argued the school violated his religious freedom.
Asked Kennedy to pray privately instead of publicly. They worried that a coach praying at school events might seem like the government endorsing religion.
Some players voluntarily joined Kennedy's prayers. Kennedy said participation was never required, but the school worried students might feel pressured to join their coach.
An employee from another school district who noticed the prayer at a game and praised it to Bremerton's principal, which is how the district learned about it.
What Happened?
Joseph Kennedy was a football coach at Bremerton High School in Washington state. He began coaching there in 2008, and from his first season he made a practice of praying on the field after games. He has said a movie about a praying coach, Facing the Giants, inspired him.
After each game, Kennedy would walk to the 50-yard line of the football field, kneel down, and offer a brief, quiet prayer of thanks. Initially, Kennedy prayed alone. However, some players noticed what he was doing and asked if they could join him. Kennedy said he told them, "This is a free country. You can do what you want." He has said he never required or asked players to pray with him.
Over time, the post-game prayers grew. After some games most of the team joined, and sometimes players from the other team. Kennedy also began giving short postgame talks at midfield that included religious references, and he led locker-room prayers, a team tradition that started before he arrived. For over seven years, no one complained to the district.
In September 2015, an employee from another school district attended a game and noticed the prayer. This person praised the prayers to Bremerton's principal. That is how the district learned about them.
The school district became worried about potential legal problems. They were concerned that having a coach pray publicly might violate the Establishment Clause of the First Amendment, which prohibits government endorsement of religion.
On September 17, 2015, the district told Kennedy to stop the religious talks and the prayers with students. He stopped them. But he told the district he would keep saying a short prayer alone at midfield after games, and he offered to pray while players were walking to the locker room or bus. The district said he could pray only in a private place that students and the public could not see. Kennedy refused.
On October 16, 2015, after Kennedy had told reporters about his plan, he prayed on the field again after the homecoming game. Players from the other team and members of the community joined him. Television cameras surrounded the group, and people jumped fences to reach the field, knocking over student band members.
After he prayed again following the October 23 and 26 games, the district placed Kennedy on paid administrative leave. His evaluation recommended that he not be rehired, and he did not return the next season. Kennedy sued, claiming the school violated his First Amendment rights.
The Big Question
Can a public school coach engage in personal prayer on school property where students and the public can see him? Or does this violate the separation of church and state?
What You Need to Know
The First Amendment has two clauses about religion:
Free Exercise Clause: "Congress shall make no law...prohibiting the free exercise" of religion. This protects people's right to practice their faith.
Establishment Clause: "Congress shall make no law respecting an establishment of religion." This prevents the government from endorsing or favoring any religion.
These two clauses sometimes seem to conflict - protecting religious freedom while preventing government endorsement of religion.
Important Facts
- Kennedy's prayers were brief (about 30 seconds) and quiet
- He initially prayed alone, then others voluntarily joined
- Kennedy said he never required or asked students to participate, but some players and parents said students felt they had to join to stay part of the team
- The prayers continued for years without complaints
- The school offered a private place to pray. Kennedy offered to pray while players headed to the locker room or bus, but refused to stop praying on the field
- At the October 16 game, people rushed the field to join the prayer and knocked over student band members
Vocabulary
Argument Sorting Activity
Work with your group to sort these arguments
Instructions: For each argument, choose which side you would use it for — or “Both.” There is no score. The same fact can help opposite sides. Then rank and steelman in Weigh below.
The Two Sides
Coach Kennedy
The First Amendment protects his right to pray privately. He prayed on his own time after games as a personal religious expression, not as part of his official coaching duties.
Bremerton School District
When a coach prays publicly at school events, students may feel pressured to join. The Establishment Clause requires schools to stay neutral on religion and not appear to endorse it.
| Argument | Answer |
|---|---|
| Praying at midfield was an important part of his personal religious practice. Evidence: Kennedy has said that before his first game in 2008, after watching the movie Facing the Giants, he promised God he would give thanks after every game. He kept that practice for 7 years. His prayers lasted about 30 seconds. | |
| Accommodating his prayer practice does not violate the Establishment Clause. Evidence: The First Amendment has two religion clauses. The Establishment Clause says government may not establish a religion; the Free Exercise Clause says government may not prohibit religious practice. Kennedy argues a short personal prayer is Free Exercise, not a school-led worship service. | |
| A reasonable observer would think the school was endorsing Christianity when they saw the coach praying. Evidence: Kennedy prayed at the 50-yard line — the most visible spot on the field — while wearing his Bremerton coaching gear. Photos show him surrounded by players in uniform. A spectator would reasonably think this was a school-sponsored religious activity. | |
| Students might feel pressured to join prayer to stay on the team or please their coach. Evidence: Coaches decide who gets playing time. Principal Polm testified that a parent said a son felt he had to join the prayers to get playing time. Kennedy said he never required anyone to participate. The district argues the coach’s power still creates pressure. | |
| The Free Exercise Clause protects his right to pray according to his faith. Evidence: The First Amendment's "Free Exercise Clause" says the government cannot prohibit people from practicing their religion. The Supreme Court has ruled this protection applies to all Americans — including government employees like teachers and coaches. | |
| After Kennedy publicized his plan to pray, crowds and media rushed the field. Evidence: On October 16, 2015, after Kennedy announced he would pray publicly, media and spectators rushed onto the field. People jumped fences to reach the field and knocked over student band members. Bremerton players were singing the fight song; people from the crowd and the opposing team reached Kennedy at midfield. | |
| The government cannot force religious people to hide their faith or pray only in private. Evidence: In Santa Fe Independent School District v. Doe (2000), the Court treated prayer at a football game as school-sponsored even when it was labeled student-led. Kennedy argues his kneeling is the opposite: a personal prayer, not a loudspeaker program. The district argues midfield in coaching gear still looks like a school ritual. | |
| The school offered reasonable alternatives - Kennedy could pray in a private place. Evidence: The school district offered Kennedy multiple alternatives: a private place in the school building, athletic facility, or press box, or praying on the field after the stadium emptied. Kennedy could still practice his faith — just not in a way that looked like school endorsement. | |
| Schools have a special responsibility to avoid even the appearance of religious endorsement. Evidence: In Lee v. Weisman (1992), the Court banned school-sponsored graduation prayers. In Santa Fe v. Doe (2000), the Court banned student-led prayers at football games. Schools must be especially careful because students are young and impressionable. | |
| His prayers were personal, brief, and quiet - not attempts to convert students or promote religion. Evidence: Kennedy's prayers lasted about 30 seconds, and he knelt with his head bowed. Kennedy said he never asked students to join. He had given postgame talks with religious references, but he stopped them after the district's September 2015 letter. | |
| The Establishment Clause requires schools to remain neutral on religious matters. Evidence: The Establishment Clause (part of the First Amendment) says government "shall make no law respecting an establishment of religion." This means public schools — which are part of the government — cannot favor any religion or appear to promote religious practices. | |
| When a government employee prays publicly, it appears that the government endorses that religion. Evidence: Kennedy was a public school employee being paid with taxpayer money to coach students. When he prayed on the school's field, in school gear, surrounded by students, it looked like the school (a government institution) was endorsing Christianity. | |
| Public employees retain their First Amendment rights even while working. Evidence: In Pickering v. Board of Education (1968), the Supreme Court said teachers cannot be forced to "relinquish the First Amendment rights they would otherwise enjoy as citizens." Teachers can wear religious jewelry, coaches can attend church — working for the government doesn't mean giving up all religious expression. | |
| He never required, asked, or pressured students to join his prayers. Evidence: Kennedy testified he never asked any student to pray with him. Students joined on their own. In Lee v. Weisman (1992), the Supreme Court wrote that facing speech you disagree with "is part of learning how to live in a pluralistic society." |
Key Terms for Arguments
Important concepts to understand when debating this case
Pressure or force that makes someone feel they must participate in religious activity.
When government actions appear to favor or promote religion.
A legal test that asks whether a typical person would think the government is endorsing religion. The District relied on this test. The Court was asked whether to keep using it.
Evidence Vault
Real sources to build your debate arguments
Complete the Argument Sort to Unlock
Finish the Argument Sort above, then open the Evidence Vault for real case sources.
Analyze the Sources
Read each excerpt carefully. Decide which side of the case it supports — or if it could be used by both sides.
Personal Prayer Time
Personal Prayer Time
Free Exercise and Free Speech Rights
Free Exercise and Free Speech Rights
No Coercion
No Coercion
Seven Years of Practice
Seven Years of Practice
Establishment Clause Violation
Establishment Clause Violation
Coach as Role Model
Coach as Role Model
Student Coercion Concerns
Student Coercion Concerns
Public School Setting
Public School Setting
Connecting to Today
How these constitutional questions still matter
The same questions about religion in public schools have come up again and again. Here are three examples, each with a date.
Prayer at Graduation
In Lee v. Weisman, decided June 24, 1992, the Supreme Court ruled on a public middle school in Providence, Rhode Island, whose principal had invited a rabbi to give prayers at graduation. The Court ruled that the school could not do this, because students could feel pressure to take part.
Source: Lee v. Weisman, 505 U.S. 577 (1992)
Think about: Is there a difference between a student leading prayer and a teacher doing so?
The Ten Commandments in Classrooms
A 2024 Louisiana law requires every public school classroom to display a poster of the Ten Commandments. A federal judge blocked the law in November 2024. On February 20, 2026, the full U.S. Court of Appeals for the Fifth Circuit lifted that order, saying it was too early to decide whether the law is constitutional. As of that date, the case was not over.
Sources: ACLU, February 20, 2026; Roake v. Brumley (5th Cir. 2026)
Think about: Is a poster the state requires different from a teacher choosing to share a personal belief?
Student Religious Clubs
Since August 11, 1984, a federal law called the Equal Access Act has said that a public high school that lets student clubs meet must not turn a club away because of the religious, political, or other content of what its members say.
Source: 20 U.S.C. § 4071
Think about: Should schools treat religious clubs the same as other clubs like chess or drama?
Discussion Questions
- Should public school employees be able to express their religious beliefs at work, or does their role as government representatives change things?
- How can schools respect both religious freedom and the separation of church and state?
- Does it matter if participation in religious activity is truly voluntary, or can students still feel pressured?
Additional Resources
Go deeper with these resources