CHARLESTON — West Virginia Attorney General Patrick Morrisey is praising a recent federal district court order to reinstate a Washington state public high school football coach who lost his job for leading prayers on the field after games.
“Reinstating the coach is the right move after the U.S. Supreme Court ruled that the rights of students and parents uncomfortable with religion in the public sphere are no more important than the football coach’s religious rights,” Morrisey said in an October 27 statement. “Religious liberty is one of the cornerstones of our democracy and should be enjoyed by all without fear of retaliation."
The Supreme Court in June reaffirmed Joseph Kennedy’s right to practice his religion and engage in free speech by praying at his school’s football games in Washington state.
According to court papers, a joint stipulation was filed this week in a federal district court in Washington state indicating the coach should be reinstated to his previous position “on or before March 15, 2023.”
The school district also was ordered “to not interfere with or prohibit Kennedy from offering a prayer consistent with the U.S. Supreme Court’s opinion.
The case involving Kennedy concerned religious freedom and whether a private religious activity violated the U.S. Constitution’s Establishment Clause, which prohibits the government from “establishing” a religion. Kennedy would pray at midfield after a game. The school district asked him to stop doing so because it violated the board's policy and (in the board’s view) the U.S. Constitution.
After being placed on administrative leave, Kennedy sued the school, arguing the termination violated his right to free speech.
The Ninth Circuit Court of Appeals ruled Kennedy’s private act of prayer could be interpreted as government speech, so the school district was justified in curtailing Kennedy’s religious expression.
The Ninth Circuit’s reasoning weaponized the Establishment Clause. The decision could have required a school to root out any religious expression by its employees—even to fire teachers, coaches and staff who will not leave their faith at home.
The Supreme Court ruling vindicates religious equality, although a school district may still require its employees to avoid coercing or compelling students to adopt favored religious beliefs or practices.
Morrisey joined an amicus brief filed by 24 state AGs in support of Kennedy.