The justices were wrestling with how to balance the religious and free speech rights of teachers and coaches with the rights of students not to feel pressured into participating in religious practices.
The court’s conservative majority seemed sympathetic to the coach while its three liberals seemed more skeptical. The outcome could strengthen the acceptability of some religious practices in the public school setting.
Arguments at the high court lasted nearly two hours, despite being scheduled for just one. The justices and the lawyers arguing the case at various points discussed teachers and coaches who might wear ashes on their foreheads on Ash Wednesday, oppose racism by kneeling during the national anthem or express a political opinion by putting signs in their home’s yard.
The case has returned to the court at a time when the court’s conservative majority has been sympathetic to the concerns of religious individuals and groups, such as groups that brought challenges to coronavirus restrictions that applied to houses of worship. But cases involving religion can also unite the court. Already this term in an 8-1 decision the justices ruled for a Texas death row inmate who sought to have his pastor pray aloud and touch him while his execution was carried out.
Kennedy’s lawyer, Paul Clement, told the justices that the Constitution’s freedom of speech and freedom of religion guarantees protect his “private religious expression.” FILE - Bremerton assistant football coach Joe Kennedy, obscured at center in blue, is surrounded by Centralia High School football players as they kneel and pray with him on the field after their game against Bremerton on Oct. 16, 2015, in Bremerton, Wash. After losing his coaching job for refusing to stop kneeling in prayer with players and spectators on the field immediately after football games, Kennedy will take his arguments before the U.S.
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