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The Supreme Court to hear coach's right to pray on the 50-yard line (2 Viewers)

Should The Coach Be Allowed To Pray Like This After The Game?


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For me the litmus test has been if a government official or law supported a religion other than my own, would I be ok with it. Take it to the extreme, if the coach was a Satanist and held Satanic prayers with students on the playing field immediately before or after a game, would support his right to do it?

If a government official started a meeting with a Satanic prayer, is that ok?


Whether it's my own religion or not is a completely different discussion. As I understand it, the issue is religion. It's not "Religions I agree with or don't agree with". To be consistent, the religion should not make any difference at all.

If I believe a Christian coach should be allowed to pray at midfield after the game, I have to be ok with a Muslim coach doing the same thing. 

 
Whether it's my own religion or not is a completely different discussion. As I understand it, the issue is religion. It's not "Religions I agree with or don't agree with". To be consistent, the religion should not make any difference at all.

If I believe a Christian coach should be allowed to pray at midfield after the game, I have to be ok with a Muslim coach doing the same thing. 
Yes, but a Satanic group was denied when they tried to join the coach. So why is he allowed to pray but the Satanists weren't?

 
Yes, but a Satanic group was denied when they tried to join the coach. So why is he allowed to pray but the Satanists weren't?


I can't tell you why but I'd say that's a problem with consistency. 

Not whether a coach can pray after the game. 

 
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For me the litmus test has been if a government official or law supported a religion other than my own, would I be ok with it. Take it to the extreme, if the coach was a Satanist and held Satanic prayers with students on the playing field immediately before or after a game, would support his right to do it?

If a government official started a meeting with a Satanic prayer, is that ok?
The problem with this, we live in a society in which the majority are Christians. That’s just a fact, it’s always been a fact. 
So long as nobody is forced to do anything, so long as individuals and non-Christians have their rights protected, I don’t see what’s wrong with society recognizing the fact of the majority and allowing for it. If that means a Christian coach can lead voluntary prayers after the game, so what? 

 
OK, then here's the issue:

In Engel v. Vitale, 370 U.S. 421 (1962), the Supreme Court ruled that school-sponsored prayer in public schools violated the establishment clause of the First Amendment.


The issue for this case.

From your link, "The school district took the position that while it wished to accommodate Kennedy's private religious expression, it could not allow his midfield post-game prayers because such a public display at a school event would be perceived as the school's endorsement of religion."

 
To me a school sponsored prayer is something like this: 

“Attention students, this is the Principal. At two o clock we will be assembling in the auditorium for a prayer. The prayer is voluntary but your attendance is mandatory.” 
 

It’s not Joe the Coach prays after the game, and invites anyone who wants to to join him. 

 
The issue for this case.

From your link, "The school district took the position that while it wished to accommodate Kennedy's private religious expression, it could not allow his midfield post-game prayers because such a public display at a school event would be perceived as the school's endorsement of religion."
Yes, that's the issue.

 
He insisted on being the center of attention. 
This sounds a lot like the criticism against Colin Kaepernick. I’ll say the same thing now as I did then: we shouldn’t be assuming motivations that aren’t in clear evidence. Kaepernick said he was kneeling to protest police mistreatment of blacks. This guy says he is praying to thank the Lord for a safe and good football game. Why not take both of them at their word? 

 
To me a school sponsored prayer is something like this: 

“Attention students, this is the Principal. At two o clock we will be assembling in the auditorium for a prayer. The prayer is voluntary but your attendance is mandatory.” 
 

It’s not Joe the Coach prays after the game, and invites anyone who wants to to join him. 


Would you have gotten this distinction as a teen?  I obviously can't read their minds, but I know which side of the bet I would be on that some kids are going to feel compelled because they want to fit in or think it will help with playing time.

Doesn't really matter to me if it is the coach's intent, IMO these would be the result so it should not be allowed.  And this is coming from an church going Christian.

 
This sounds a lot like the criticism against Colin Kaepernick. I’ll say the same thing now as I did then: we shouldn’t be assuming motivations that aren’t in clear evidence. Kaepernick said he was kneeling to protest police mistreatment of blacks. This guy says he is praying to thank the Lord for a safe and good football game. Why not take both of them at their word? 


Agreed. When I start hearing things like "He insisted on being the center of attention." or "They didn't allow another religion", that's straying a long ways from the actual issue at hand. 

 
I read quickly on the facts of the story. He was asking the other players to pray? 


No, I don't believe so (I would have to reread it as I don't recall exact facts) but they would be joining him at the 50 yard line and whether he asked them to pray or not, I don't think really matters as they are participating and endorsing it just by being there IMO.

 
This sounds a lot like the criticism against Colin Kaepernick. I’ll say the same thing now as I did then: we shouldn’t be assuming motivations that aren’t in clear evidence. Kaepernick said he was kneeling to protest police mistreatment of blacks. This guy says he is praying to thank the Lord for a safe and good football game. Why not take both of them at their word? 
Let's not conflate private citizen Kaepernick, who acted with the full approval of his employer, with a government employee acting against his employers demands. He was offered other accommodations and insisted on doing it in the center of the field in full view of the public. The school told him to return to the field after the kids were in the locker room and he refused.

 
Agreed. When I start hearing things like "He insisted on being the center of attention." or "They didn't allow another religion", that's straying a long ways from the actual issue at hand. 
Joe, government can't not allow one and refuse others. That's part of the establishment clause. If the school allows his prayer, they must allow all. The establishment clause is the root of the issue. The school told him not to give the appearance of endorsement. He refused.

 
No, I don't believe so (I would have to reread it as I don't recall exact facts) but they would be joining him at the 50 yard line and whether he asked them to pray or not, I don't think really matters as they are participating and endorsing it just by being there IMO.


Ok. You said "Only if players were asked to wear a cross necklace." as if the coach had asked them to pray.

Are you saying that's not the case and the coach was not specifically asking them pray?

 
Would you have gotten this distinction as a teen?  I obviously can't read their minds, but I know which side of the bet I would be on that some kids are going to feel compelled because they want to fit in or think it will help with playing time.

Doesn't really matter to me if it is the coach's intent, IMO these would be the result so it should not be allowed.  And this is coming from an church going Christian.
You’re a Christian and I’m an atheist, but I see it differently from you. 
I think intent matters. Not just in this case, but in just about every political issue I can think of. If the coach had no intent of pressuring anyone, then there’s no pressure. On issues like this I don’t believe that unintended consequence is a legitimate concern. 

 
Joe, government can't not allow one and refuse others. That's part of the establishment clause. If the school allows his prayer, they must allow all. The establishment clause is the root of the issue. The school told him not to give the appearance of endorsement. He refused.


I think that makes complete sense.  That's why I said if you allow a Christian to pray, you have to allow other religions to do the same.

If I'm understanding right, he just wanted to pray after the game.

Are you saying he wanted to be able to pray but refuse other religions to be able to pray?

 
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Ok. You said "Only if players were asked to wear a cross necklace." as if the coach had asked them to pray.

Are you saying that's not the case and the coach was not specifically asking them pray?
I we had public school assemblies that were church services but we didn't ASK the kids to attend would that be ok? 

What if we allowed say Hindu servies but not Jewish ones?  

 
Let's not conflate private citizen Kaepernick, who acted with the full approval of his employer, with a government employee acting against his employers demands. He was offered other accommodations and insisted on doing it in the center of the field in full view of the public. The school told him to return to the field after the kids were in the locker room and he refused.
You’re correct that it’s different. The only reason I mentioned Kaepernick is because of the statement “he wanted to be the center of attention.” 
 

 
You’re a Christian and I’m an atheist, but I see it differently from you. 
I think intent matters. Not just in this case, but in just about every political issue I can think of. If the coach had no intent of pressuring anyone, then there’s no pressure. On issues like this I don’t believe that unintended consequence is a legitimate concern. 
Hard disagree.  The issue here is not whether the coach is good or evil.  It's whether kids should be exposed to this in schools.  

We can all agree or simply grant for the sake of argument that the coach didn't intend to coerce anybody of anything.  That's immaterial IMO.  The result should be sufficient to make this a valid legal challenge.

 
No, I don't believe so (I would have to reread it as I don't recall exact facts) but they would be joining him at the 50 yard line and whether he asked them to pray or not, I don't think really matters as they are participating and endorsing it just by being there IMO.
I thought Joe quoted an article mentioning that the issue came to a head when the opposing coach complained that his players were invited to join. 

 
You’re a Christian and I’m an atheist, but I see it differently from you. 
I think intent matters. Not just in this case, but in just about every political issue I can think of. If the coach had no intent of pressuring anyone, then there’s no pressure. On issues like this I don’t believe that unintended consequence is a legitimate concern. 


I disagree, but I do tend to see the occasional slippery slope and I know you don't. 

Thinking back to that age I know how much some want to fit in, or at least not stand out, so for the players I see coercion because of the inherent authority players invest in a coach.  He doesn't have to do what he did, he could bow his head and say a silent prayer if thanking God for a safe game was his true intent.

 
You know, I have a real problem calling this coercion. If the kid thinks this, but the coach has no intent of actually doing it, it’s not really coercion is it? Again this is why I don’t like slippery slope arguments. 
Whether or not the coach intends to do that, there is a power dynamic in play that essentially makes it implied coercion. The coach has power over the players, as previously noted (who does/does not make team, who plays, etc.) and if this is like most public schools, he is likely also a teacher so to an extent also has power over grades for any players in his class.

With dynamics like this, it is the responsibility of the coach/teacher to be above reproach. 

 
I thought Joe quoted an article mentioning that the issue came to a head when the opposing coach complained that his players were invited to join. 


Yes. From the Axios article:

Kennedy, a retired Marine, became the assistant football coach at his alma mater — Bremerton High School, 30 miles west of Seattle — in 2008. After games, he'd pray alone at the 50-yard line.

"I'd take a knee and thank God for what the guys just did and the opportunity to be a coach," he told ESPN. Before long, players asked to join him.

The tradition continued for years without issue, until 2015 when an opposing coach told Bremerton's principal that Kennedy invited his players to join in his prayer.


I guess then it may become a question of compelling or coercion, and how "inviting" factors in.

 
Really.  You honestly think that wearing a cross is more public than a post game prayer on the 50 yard line?


Sure. He displays it for 4+ hours during the entire game.

Tons more people see Mike Tomlin's cross every Sunday than they do the players that gather after the game is over. I have no idea if Tomlin joins that group or not. 

 
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Ok. You said "Only if players were asked to wear a cross necklace." as if the coach had asked them to pray.

Are you saying that's not the case and the coach was not specifically asking them pray?


It is a distinction with out a difference IMO. If a coach says I am conducting a prayer at the 50 yard line and asks players to join him, they are participating if they actually say a prayer or not. 

Tim mentioned Kaepernick who felt standing for the anthem was seen as participating in a conspicuous show of patriotism on his part that he didn't believe in. I don't say the pledge of allegiance for similar reasons (although I stand quietly with my hand clasped staring at the ground so as to not cause a scene)

 
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I think that makes complete sense.  That's why I said if you allow a Christian to pray, you have to allow other religions to do the same.

If I'm understanding right, he just wanted to pray after the game.

Are you saying he wanted to be able to pray but refuse other religions to be able to pray?
Well, it was more than he just wanted to pray. He wanted to pray on the 50-yard line in full view of players and spectators and have students join him as they wish. There are actually two constitutional issues at play - the coach’s Free Exercise rights and the limitations of the Establishment Clause. The accommodations proposed by the school are relevant because they were meant to accommodate his rights under the Free Exercise Clause (the search for accommodation generally being legally required) while minimizing concerns under the Establishment Clause as private prayer will be less problematic than leading students in prayer in a public fashion. 

 
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Sure. He displays it for 4+ hours during the entire game.

Tons more people see Mike Tomlin's cross every Sunday than they do the players that gather after the game is over. I have no idea if Tomlin joins that group or not. 
I’m not intimately familiar with the Supreme Court jurisprudence on this topic, but wearing a cross in school or at school events without proselytizing to students seems to strike a pretty good balance between Free Exercise rights and Establishment Clause restrictions. By that same token, if the Coach had taken a knee after the game to pray in a way that did not involve other students (whether by invitation or perceived coercion), that also would seem to strike a good balance between the corresponding constitutional issues. 

 
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It is a distinction with out a difference IMO. If a coach says I am conducting a prayer at the 50 yard line and asks players to join him, they are participating if they actually say a prayer or not. 

Tim mentioned Kaepernick who felt standing for the anthem was seen as participating in a conspicuous show of patriotism on his part that he didn't believe in. I don't say the pledge of allegiance for similar reasons (although I stand quietly with my hand clasped staring at the ground so as to not to cause a scene)


Thanks. Not sure how the pledge relates to this but I guess it can be connected. 

My point was as I understood it, the coach was not asking players to pray. So when you said it would be like asking players to wear the necklace, it didn't make sense. 

Again, the article mentioned "inviting" so maybe that is asking. I don't know. And I guess that's stuff for the court to decide. 

 
I’m not intimately familiar with the Supreme Court jurisprudence on this topic, but wearing a cross in school or at school events without proselytizing to students seems to strike a pretty good balance between Free Exercise rights and Establishment Clause restrictions. By that same token, if the Coach had taken a knee after the game to pray in a way that didn’t not involve other students (whether by invitation or coercion), that also would seem to strike a good balance between the corresponding constitutional issues. 
I agree and I was about to type up something similar.  

Teachers are human beings.  They're going to have opinions about things, and I think it's okay for them to share those feelings in a reasonable and age-appropriate way.  Wearing a cross-necklace seems like simple personal expression, kind of like having a Biden 2020 bumper sticker on the car you drove to work in the morning.  I get that people might disagree on exactly where we draw the line between personal free exercise vs. establishment, but the cross thing seems like a pretty good spot to me.  It's at least not far off.

 
Sure. He displays it for 4+ hours during the entire game.

Tons more people see Mike Tomlin's cross every Sunday than they do the players that gather after the game is over. I have no idea if Tomlin joins that group or not. 
Mike Tomlin is on TV with the highest quality mega-zoom HD cameras money can buy. If I'm sitting in the stands at a high school football game, I probably would not be able to determine if the coach down on the field does or does not have a cross necklace. However, if I'm sitting up there in the stands after the game waiting for my band nerd to drop off his sousaphone, I'm pretty sure I'd notice a large group of people kneeling around the coach at midfield.

 
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Thanks. Not sure how the pledge relates to this but I guess it can be connected. 

My point was as I understood it, the coach was not asking players to pray. So when you said it would be like asking players to wear the necklace, it didn't make sense. 

Again, the article mentioned "inviting" so maybe that is asking. I don't know. And I guess that's stuff for the court to decide. 
I think it’s the fact that he’s a coach and appears to be leading the students who choose to participate in prayer at a school event. I’m not sure that whether he asked them or invited them is ultimately relevant to the constitutional question. But again, I’m not an expert in this area. What I am confident about is that this situation does create Establishment Clause concerns. But those concerns do have to be balanced against accommodating the coach’s right to Free Exercise. I think the outcome of the Court will come down to how to strike the proper balance between these two interests. 

 
Thanks. Not sure how the pledge relates to this but I guess it can be connected. 

My point was as I understood it, the coach was not asking players to pray. So when you said it would be like asking players to wear the necklace, it didn't make sense. 

Again, the article mentioned "inviting" so maybe that is asking. I don't know. And I guess that's stuff for the court to decide. 


It is a conspicuous public display of patriotism and it is indirectly coerced because those that don't participate risk being ostracized (and there are court cases regarding students who were suspended because they refused to participate in the pledge).

Similarly, being asked by the coach to pray with him is a conspicuous public displayed of religion with implied coercion of not making the team or not being considered a team player.

 
“When you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by men … but when you pray, go into your room, close the door and pray to your father who is unseen.”

 
I think it’s the fact that he’s a coach and appears to be leading the students who choose to participate in prayer at a school event. I’m not sure that whether he asked them or invited them is ultimately relevant to the constitutional question. But again, I’m not an expert in this area. What I am confident about is that this situation does create Establishment Clause concerns. But those concerns do have to be balanced against accommodating the coach’s right to Free Exercise. I think the outcome of the Court will come down to how to strike the proper balance between these two interests. 
To me it seems like the school made a good-faith effort to accommodate his faith. After the kids are off the field in the locker room and after the stands have emptied. Or take a quick knee and give thanks for a clean safe game. The insistence of doing it immediately following the game in full view of the public puts it over the line IMHO.

And it's certainly over the line when other groups wanted their own prayers next to the coach but were denied. I'm certain this was the situation the school wanted to avoid.

 
Thanks. Not sure how the pledge relates to this but I guess it can be connected. 

My point was as I understood it, the coach was not asking players to pray. So when you said it would be like asking players to wear the necklace, it didn't make sense. 

Again, the article mentioned "inviting" so maybe that is asking. I don't know. And I guess that's stuff for the court to decide. 
I've followed this case for a while since it's a nearby high school.   

At least one of his players' parents testified at the Ninth Circuit hearing that his son only joined in the prayer because he thought he might lose playing time if he didn't.

 
“When you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by men … but when you pray, go into your room, close the door and pray to your father who is unseen.”


Thank you. That's a key tenet. I think a lot of the Christian life is balancing Matthew 6:5 you quoted with Matthew 5:14

14 “You are the light of the world—like a city on a hilltop that cannot be hidden. 15 No one lights a lamp and then puts it under a basket. Instead, a lamp is placed on a stand, where it gives light to everyone in the house. 16 In the same way, let your good deeds shine out for all to see, so that everyone will praise your heavenly Father.

 
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I've followed this case for a while since it's a nearby high school.   

At least one of his players' parents testified at the Ninth Circuit hearing that his son only joined in the prayer because he thought he might lose playing time if he didn't.
As expected (and predicted by multiple people here).

 
We need a Venn diagram of people who have a problem with a coach leading students in prayer vs. people who have no objection whatsoever to teachers pushing gender ideology on students. 
I assume this would also correlate to a third group of people "who have read the First Amendment." 

 
It is a conspicuous public display of patriotism and it is indirectly coerced because those that don't participate risk being ostracized (and there are court cases regarding students who were suspended because they refused to participate in the pledge).

Similarly, being asked by the coach to pray with him is a conspicuous public displayed of religion with implied coercion of not making the team or not being considered a team player.


Thanks. I don't know the details of how the coach asked or invited others to join him. Maybe it was like the pledge and the coach told the players to walk to the field after the game and pray. I guess that will come out in court.

 
Hard disagree.  The issue here is not whether the coach is good or evil.  It's whether kids should be exposed to this in schools.  

We can all agree or simply grant for the sake of argument that the coach didn't intend to coerce anybody of anything.  That's immaterial IMO.  The result should be sufficient to make this a valid legal challenge.


So how does this mesh with all these states outlawing anything dealing with LGBTA in schools?  People don't want their kids exposed to that at a school, other don't want there kid exposed to this at a school.  

 

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