🚨Kennedy v. Bremerton schools -- Justice Gorsuch writes for 6 that school can't discipline a coach

[In It to Win It]

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[Jilly_in_VA]

1. Seriously?

A school can't dfscipline its own employee? What the actual fcuk?

[NYC Liberal]

2. It can't discipline a coach for saying a "private" prayer.

https://www.scotusblog.com/case-files/cases/kennedy-v-bremerton-school-district-2/

Issues: (1) Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection; and (2) whether, assuming that such religious expression is private and protected by the free speech and free exercise clauses, the establishment clause nevertheless compels public schools to prohibit it.

https://www.oyez.org/cases/2021/21-418

Facts of the case
Joseph Kennedy, a high school football coach, engaged in prayer with a number of students during and after school games. His employer, the Bremerton School District, asked that he discontinue the practice in order to protect the school from a lawsuit based on violation of the Engagement Clause. Kennedy refused and instead rallied local and national television, print media, and social media to support him.

Kennedy sued the school district for violating his rights under the First Amendment and Title VII of the Civil Rights Act of 1964. The district court held that because the school district suspended him solely because of the risk of constitutional liability associated with his religious conduct, its actions were justified. Kennedy appealed, and the U.S. Court of Appeals for the Ninth Circuit affirmed.

Question
Is a public school employee’s prayer during school sports activities protected speech, and if so, can the public school employer prohibit it to avoid violating the Establishment Clause?

[Jilly_in_VA]

16. IT WASN'T PRIVATE!

It was on the fcuking 50 yard line in front of God and everybody! That is not PRIVATE!

THIS is private:
When you pray, go into a room alone and close the door. Pray to your Father in private. He knows what is done in private and will reward you. Matthew 6:6

Dammit, these fools can't tell the difference!

[In It to Win It]

22. I would even give

praying on the 50 yard line on an empty field all by himself after everyone has gone home. I would even give that credit as private but this was in no way private.

[dpibel]

20. Strange definition of private

Here's an account from someone who was there (DU thread here):

I witnessed the team gatherings Kennedy led many times and assumed they were traditional postgame pep talks; the coach would stride to the school logo at center field and hold up a pair of helmets while the players would encircle him and take a knee. From the stands, I couldn’t hear what he was saying, but I assumed he was celebrating a game well played or motivating the players to come back stronger for the next game.

Look at the picture at that link and tell me if Gorsuch was telling the truth at the beginning of his opinion: "He offered his prayers quietly while his students were otherwise occupied."

This "it was a quiet, private prayer" crap is just an outright lie.

[Turbineguy]

3. So-called "Christians"

Will feel themselves less persecuted.

[exboyfil]

4. Pasta strainers on the 50 yard line

Anybody got that portable Baphomet statue we can bring out.

Also about that kosher/halal compliant animal sacrifice.

[sop]

5. Christotainment in sports has gotten way out of hand.

Performatively thanking "the man upstairs, my lord and savior, Jesus Christ" after every first down is getting old. God doesn't care about football.

[exboyfil]

8. Here is a great animation on this point

[Thomas Hurt]

6. The christofascists have been doing an end run around school prayer by calling it...

student led. Looks like the new test for our christian theocracy is "reference to historical practices and understandings".

Originalism reigns folks. What next slavery is legal again?

[NYC Liberal]

9. That sounds like "we can cherrypick historical sources to justify whatever decision we want to make"

[Thomas Hurt]

10. exactly

[NYC Liberal]

12. Shameless. I'm pretty sure you can find people with pretty much ANY opinion at any point in history.

Thomas Jefferson said the authors of the constitution never intended for judges to have as much power as they took for themselves. Wonder if they'll be citing that historical opinion.

[sop]

14. It's ok to kneel while coach prays, but not during the national anthem.

[Jilly_in_VA]

17. THIS

[Scrivener7]

7. Calling all Muslim and Satanist and Pastafarian and Wiccan school coaches!!!

[asiliveandbreathe]

13. Exactly..what is the saying, for every action...a reaction...the beat goes on...

Lemons on scotus bench...

[uponit7771]

15. THIS !!!! ☝🏾☝🏾☝🏾

[bigtree]

11. waiting until the Muslim prayer mats come out

[Jilly_in_VA]

18. Me too

And the statues of Krishna and Shiva.....

[In It to Win It]

19. Somehow

religions outside of Christianity doesn't seem to make it to the Court... hmmmm I wonder why...

[geardaddy]

21. Get ready for the Dominionist States of America!