Large and far-reaching as those decisions are, one case in particular struck me, because I have some familiarity with the circumstances.
In Kennedy v. Bremerton School District, a high school football coach who prayed at midfield and led players and coaches in prayer following games didn’t have his contract renewed and sued that he was being discriminated against. In a 6-3 ruling the Supreme Court said that the school district violated Joseph Kennedy’s rights under the Free Speech and Free Exercise clauses of the First Amendment.
I’ll leave it to the legal minds that occupy this here digital tree fort to debate the details and merit of the ruling, but I suspect that Kennedy’s case is less about free expression of faith and more about power and control. The local school board didn’t attempt to silence Kennedy or to prevent him from praying. Officials were concerned that they would be viewed as complicit in violating the separation of church and state by permitting Kennedy to continue his prayer sessions publicly and visibly at a public school event. The board offered to provide him with a private space to pray, off the field, and asked if he might delay his prayer sessions until after spectators departed. He declined and continued his post-game, midfield sessions until the school board dismissed him.
Justice Neil Gorsuch, writing the majority opinion, said that Kennedy “offered his prayers quietly while his students were otherwise occupied,” and that he made “short, private, personal prayer.” He dismissed any notion that Kennedy’s prayer sessions might be implicitly coercive. Justice Sonia Sotomayor, in dissent, cheekily included a photo of a Kennedy prayer session in which he stood amid dozens of kneeling players and wrote that it was common knowledge that Kennedy invited others to join.
This is where power and control come in. Kennedy coached teenaged boys. He had some sway over their playing time, their status on the team, their health and well-being, possibly their futures. If he invites players to prayer sessions, how many of them, or their parents, would say, “Nah, Coach, I’ma pass, and ya know, I’m not really comfortable with the whole thing.” Not many, I’d guess.
Coaches have enormous influence over the athletes they work with. In my previous life as a sportswriter, I witnessed it pretty much daily. The best coaches understand the role they play and are judicious about how much of their lives and beliefs to introduce to young people, knowing that kids often want to please or that it may differ from what they experience at home.
Is there a place for faith in sports or schools? Of course. But it’s humble and it’s personal. If it ends up in a Washington D.C., courtroom, something’s amiss.
Randall “Pink” Floyd would have told coach to pound sand.
ReplyDeleteDonnie Dawson and Benny O’Donnell wouldn’t have. They wanted to play ball. To OBXD’s point, I suppose.
ReplyDeleteThe moment from the moontower party where Benny stands up in the back of his truck and drunkenly sits back down is a personal favorite.
ReplyDeleteThat is a great scene. We've all been there.
ReplyDeleteYou might be surprised to learn that despite being a lifelong agnostic I do not give two shits about most of these religious expression cases. If a judge wants to put a giant Ten Commandments statue in front of the courthouse, who cares? It serves a notice function--if you see that in front of the courthouse you know what you're getting yourself into. I also don't care if a coach prays with kids. If the coach is the type of guy who will fight all the way to the Supreme Court on this matter, chances are the people in his town are religious zealots too.
ReplyDeleteWhen I was a Boy Scout I went on a weeklong camping trip with the troop, which proudly touted its status as the oldest Catholic sponsored troop in America. On Sunday they dragged us all to mass. I was 12 and it was the first time I'd ever been in a church. All the standing, sitting, kneeling, standing, kneeling, sitting, etc. confused me and I had no idea what the priest was talking about but it didn't hurt me. I even took communion with everyone else! Apparently I wasn't supposed to do that but I didn't know any better and no one stopped me.
I'm none the worse for the experience (maybe I'll go to hell for taking communion without being confirmed, but there are many other reasons for my damnation besides that). It's these types of legal fights that drive people apart. The Fox News set looks at this and says "Screw those liberals!" The MSNBC crowd sees this and says "What horrors! The children!" And it's all nonsense. Let the coach pray. The kids will figure things out for themselves when they get to college.
I basically agree with Z on this. It’s all bullshit being trumped up (no pun intended) by people pushing an agenda. It would be an interesting thought exercise to consider if the coach was Muslim and the school prohibited it. I’d be willing to bet that the Fox News crowd would be fine with it and that MSNBC would be screaming discrimination.
ReplyDeleteAs George Carlin said, “it’s all bullshit, folks.”
Z, I appreciate your take on this. I was brought up in the Catholic Church and I call the Mass you describe (stand, kneel, sit, kneel, stand, etc.) as Catholic aerobics.
ReplyDeleteIn homogeneous communities, group prayer or displays aren't a big deal. But in diverse communities, if you're a Jew or a Muslim or a Zoroastrianist, how comfortable might you be when the majority kicks into the Lord's Prayer at a city council meeting or a Bible homily after the high school football game? Particularly if your kids might be identified or singled out if they don't participate?
As many problems as I have with the Founders and especially their followers attempting to discern the path of "originalism," the fact that they sprinted the opposite direction from inserting religion into government was I believe a good thing. I'll entertain any and all thoughts from the audience.
Like I said, I was in a room full Catholics praying their asses off and I went with the flow. I grew up in a very diverse town with people of all different races and religions. It actually makes you much more comfortable in a setting with which you're unfamiliar.
ReplyDeleteFighting over Christmas displays solves nothing and it's fodder for the culture wars. We aren't better for it.
Dave - your thoughts are in line with the coercion test that Kennedy laid out in the majority opinion in Lee vs Weissman. I think it’s a valid position but others can disagree. Lee was a 5-4 decision. The current case tosses out a bunch of case law. The Lemon test is gone, which also tosses Sandy Baby’s endorsement test. My frustration here is that the decision seems to leave no framework for evaluating establishment clause cases.
ReplyDeleteIn the end, I still just think it’s all bullshit from the pundits and this court. Everyone just wants the law to fit their world view and that’s not the way it should be. Say what you want about Scalia, but the guy was consistent and voted against his world view when it did not match his legal beliefs. It’s why he and RGB were friends.
So, I think it's interesting your take here, Z. You may be right it doesn't scar a kid. Maybe. But as others have said, the fact that this is a Christian coach with influence that I'd argue goes significantly deeper than perhaps is acknowledged, and being a person in the religious business, I find this decision reprehensible. It's incredibly problematic when we consider what the court would've done if it was a Muslim coach laying out a prayer rug and bending down to pray to Allah...you bet your ass the Court would've voted differently. That's the nation we live in, and it's a problem. Particularly when the founders (for all their issues) did sprint in the other direction...which was very much because of what had brought them or their earlier ancestors over here in the first place. This is the kind of crap that makes me crazy to be in this "business" - Christians get a terrible name because of the crazies that make the news. All of them, whatever stripe they are (from Creflo Dollar to Osteen to Hillsong church, etc etc etc), are peddling something far from the Gospel. And when they wrap themselves in our flag and invoke the founders as some Christian loyalists - what a freakin' joke. They're so ignorant and ridiculous. OY! Rant over. My two cents probably worth less. But good grief. OMDL!
ReplyDeleteDonna, your .02 is worth a lot more than Creflo Dollar.
ReplyDeletethis same thing happened at the school I teach at, but the supreme court came to the opposite decision (in 2009).
ReplyDeletehttps://www.nj.com/njv_guest_blog/2009/03/dropping_the_ball_on_jesus.html#:~:text=The%20U.S.%20Supreme%20Court%20upheld,participate%20in%20the%20team's%20prayer.
it did inspire a jewish kid to write a great college essay about how weird he felt in the locker room. he should have talked to zman.
i think it is a freedom of speech issue-- but they better let kids/coaches hail satan before they get out on the field as well-- or whatever god or goddess they wish to pray to.
I don't know much about the legal precedent or implications, but do know that this is an abuse of power. The coach has all the control over access, and is setting unreasonable cultural norms that will directly impact the experience those kids have on the team, based on nothing related to their actual skill or commitment to the sport or team. "Legal" and "ethical" aren't the same thing. And I agree it's unfortunate that so many people use the legal system to reinforce the systemic structures to support their biases.
ReplyDeletegheorghies! off the water and boston-bound. gloriously sore, smelling like campfire, wondering if i really have to come back to what passes for civilization.
ReplyDeletewhere were you?
ReplyDeleteon the st croix river, the boundary between maine and canada in the northeastern most part of the state
ReplyDelete