3rd Circuit Weighs Coach’s Bowed Head
A high school football coach contends in a federal appeal that he has a constitutional right to support his players during their prayers by bowing his head and kneeling.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals heard arguments in the case last week. It pits football coach Marcus Borden against school officials in East Brunswick, N.J., who say the coach should not be participating in prayers, the Washington Post reports.
Borden has had prior run-ins with the school board over more active participation in the prayers. At one time he invited clergy to lead the prayers, but began leading them himself after complaints emerged. Now he bows his head and kneels in what he says is a show of respect.
The school argues the coach’s actions violate the establishment clause, while Borden contends a ban on his conduct would violate his free expression rights, the Legal Intelligencer reports.
Judges on the 3rd Circuit panel expressed skepticism about the school board’s position, according to the New Jersey Star-Ledger.
Judge Maryanne Trump Barry suggested the school board’s position against bowed heads could be difficult to police since it may be unclear exactly when a head is bowed. “How are you going to enforce this? Are you going to walk around with a ruler?” she asked. “What if he has his head bowed, but he says he’s not praying?”
