Paul Clement

Alongside abortion, don't neglect the Supreme Court's big school prayer ruling

Alongside abortion, don't neglect the Supreme Court's big school prayer ruling

Vastly overshadowed by the uproar over Politico's bombshell report that the Supreme Court may be poised to overturn past abortion rulings, the court actually released religious-liberty ruling written by retiring Justice Stephen Breyer. His Shurtleff v. City of Boston opinion (.pdf here) reasoned that since Boston had permitted 284 city hall flag displays by varied groups, it violated freedom of speech to forbid a Christian flag for fear of violating church-state separation.

Harvard Divinity student Hannah Santos, writing for Americans United, said Christian flag displays would be "disturbing and demoralizing" and evoke the Puritan founders' "cruel" intolerance. But Breyer and the other two liberal justices joined six conservatives in this unanimous — repeat unanimous — decision.

There's likely to be less Court concord on another First Amendment ruling reporters need to prepare for in coming weeks. This dispute crisply demonstrates the culture-war split among American religious groups and between most Democrats and Republicans.

Kennedy v, Bremerton School District [Docket #21-418] involves the firing of Joseph Kennedy, an assistant high school football coach in Washington state. He violated the school's order against his kneeling to utter brief prayers on the 50-yard line after games, with students who wished joining him.

Here, too, Kennedy's freedoms of speech and religion ran up against school fears about violating the Constitution's clause barring government "establishment of religion." Click here for a recent Julia Duin post looking at some of the media coverage of this debate.

In preparing coverage to interpret the forthcoming ruling, keep in mind possible ramifications beyond the gridiron. As Christianity Today reported, hypothetical situations the justices discussed during the two-hour oral argument included teachers or coaches praying silently or aloud or reading the Bible before class, coaches praying on the sidelines perhaps with specific notice that students weren't required to pray or that they cannot pray or a player simply making the sign of the cross.

Also this. A court filing from the Jewish Coalition for Religious Liberty and the Islam team at the Religious Freedom Institute informed the justices that observant Jewish teachers and coaches need to speak brief public blessings before eating or drinking, and that Muslims must join daily prayer times during public school hours or while chaperoning a field trip.


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