Though all eyes are understandably focused on whether the Supreme Court will overturn Roe and Casey, the justices will also soon decide a significant establishment clause case. In April, the Court heard oral arguments in Kennedy v. Bremerton School District, a case involving a football coach at a public high school who lost his job after repeatedly kneeling on the 50-yard line in post-game prayer. Given the Court’s current composition, many expect the coach to prevail. But whether his win amounts to a lasting victory for religious liberty will depend on if the Court overturns its long-standing “wall of separation” precedents that promote government hostility toward religion. That larger victory, by no means assured, would require the Court’s most conservative and originalist justices to adopt a more persuasive account of what constitutes a prohibited establishment of religion.
For years, Joseph Kennedy, an assistant football coach at a public high school outside of Seattle, took a knee in prayer at midfield after his team’s games. Coach Kennedy was often joined by players, including those from the opposing team. When local school district officials learned of his actions, they requested Coach Kennedy pray alone and out of sight of students.
