Coach Can't Kneel in Prayer With Players
The Philadelphia-based 3rd Circuit ruled Tuesday against a football coach who sued after his school district barred him from kneeling in prayer with his players.
In the closely watched school prayer case, the court ruled that the East Brunswick, N.J., school district didn’t violate the rights of Marcus Borden when it instituted a policy that prohibited staff members from participating in student prayers.
Borden, head coach at East Brunswick High School since 1983, sued the district in 2005, claiming the district’s policy violated his rights to free speech and due process, as well as to academic freedom and freedom of association, the New York Times reports.
In 2006, a federal district court ruled that Borden could participate by kneeling and bowing his head while the students led the prayer. But the three-judge panel overturned that ruling.
Writing for the panel (PDF), Circuit Judge D. Michael Fisher, said, “the conclusion we reach today is clear because he organized, participated in and led prayer activities with his team on numerous occasions for 23 years.”
Fisher further opined that, “a reasonable observer would conclude that he is continuing to endorse religion when he bows his head during the pre-meal grace and takes a knee with his team in the locker room while they pray.”
The panel noted it may have reached a different result had this only been a one-time occasion in which a coach joined players for a moment of reflection.
