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: Should schools be able to limit a public employee's First Amendment free exercise rights (by restricting prayer) to protect the school community from religious coercion and maintain separation of church and state? Consider how this case balances individual religious freedom against the community's interest in preventing government endorsement of religion.
What Happened?
Joseph Kennedy was a football coach at Bremerton High School in Washington state. In 2015, after watching a movie about a coach who prayed, Kennedy decided to incorporate prayer into his coaching routine.
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 yes, but he made it clear that participation was voluntary - he never required or even asked players to pray with him.
Over time, the post-game prayers grew. Players from both teams, other coaches, and sometimes parents and community members would join Kennedy at midfield. This continued for several years without any complaints.
In September 2015, an employee from another school district attended a game and noticed the prayer. This person contacted the Bremerton School District to express concern about a coach leading prayer at a school event.
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.
The district told Kennedy he could continue to pray, but asked him to do so privately. Kennedy refused, believing that praying at midfield was important to his personal faith practice.
On October 16, 2015, Kennedy prayed on the field again after a game. This time, news media showed up, and a large crowd rushed onto the field. The situation became chaotic, and students had to be moved to safety.
After this incident, the school district placed Kennedy on administrative leave and eventually did not renew his contract. 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 (15-30 seconds) and quiet
- He initially prayed alone, then others voluntarily joined
- He never required or asked students to participate
- The prayers continued for years without complaints
- The school offered alternatives (praying privately) but Kennedy refused
- The final prayer became a media spectacle with safety concerns
Vocabulary
Argument Sorting Activity
Work with your group to sort these arguments
Instructions: Read each argument below and select which side it helps from the dropdown menu. When you're finished, click "Check Answers" to see your results.
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 |
|---|---|
| The Free Exercise Clause protects his right to pray according to his faith. | |
| When a government employee prays publicly, it appears that the government endorses that religion. | |
| His prayers were personal, brief, and quiet - not attempts to convert students or promote religion. | |
| Students might feel pressured to join prayer to stay on the team or please their coach. | |
| He never required, asked, or pressured students to join his prayers. | |
| The Establishment Clause requires schools to remain neutral on religious matters. | |
| The government cannot force religious people to hide their faith or pray only in private. | |
| A reasonable observer would think the school was endorsing Christianity when they saw the coach praying. | |
| Praying at midfield was an important part of his personal religious practice. | |
| The school offered reasonable alternatives - Kennedy could pray privately in his office. | |
| Accommodating his prayer practice does not violate the Establishment Clause. | |
| Kennedy's refusal to compromise created safety issues when media and crowds rushed the field. | |
| Schools have a special responsibility to avoid even the appearance of religious endorsement. | |
| Public employees retain their First Amendment rights even while working. |
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 asking whether a typical person would think the government is endorsing religion.
Connecting to Today
How these constitutional questions still matter
Questions about religious expression in public schools continue to spark debate across the country. Consider these modern situations:
Prayer at Graduation
Communities debate whether prayers or religious messages should be part of graduation ceremonies. Some argue it's a valued tradition; others say it excludes non-religious students.
Think about: Is there a difference between a student leading prayer and a teacher doing so?
Religious Items in Classrooms
Some teachers display religious items or quotes in their classrooms. Schools must decide if this is personal expression or government endorsement of religion.
Think about: Can teachers share their beliefs, or does their position of authority change things?
Student Religious Clubs
Students want to form religious clubs and pray together at school. Schools must balance supporting student expression while not favoring any particular religion.
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