![]() ![]() Nor does a proper understanding of the Amendment’s Establishment Clause require the government to single out private religious speech for special disfavor.” (1) “Both the Free Exercise and Free Speech Clauses of the First Amendment protect expressions like Mr. The Constitution neither mandates nor tolerates that kind of discrimination.” (6) Majority Opinion: Justice Gorsuch Here, a government entity sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular speech. “Respect for religious expressions is indispensable to life in a free and diverse Republic. Kennedy’s religious activity by arguing that doing otherwise would coerce students to pray…The Ninth Circuit did not adopt this theory in proceedings below and evidence of coercion in this record is absent.” (5) “The District next attempts to justify its suppression of Mr. “But-given the apparent ‘shortcomings’ associated with Lemon’s ‘ambitiou,’ abstract, and ahistorical approach to the Establishment Clause-this Court long ago abandoned Lemon and its endorsement test offshoot…In place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’” (4) Kennedy’s rights to religious exercise and free speech must yield to the District’s interest in avoiding an Establishment Clause violation under Lemon and its progeny.” (4) “The District, like the Ninth Circuit below, insists Mr. “The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal the Constitution neither mandates nor permits the government to suppress such religious expression.” (1) Kennedy was its perceived ‘risk of constitutional liability’ under the Establishment Clause for his ‘religious conduct’ after three games.” (1) “The District Court found that the ‘sole reason’ for the District’s decision to suspend Mr. ![]() To keep up to date on all Supreme Court cases we are watching in 2022, visit /SCOTUS. Page numbers from the court’s decision are given for each quote, but legal citations are omitted for clarity of reading.įor more details on the religious liberty issues present in this case, see our explainer here. In the amicus brief the ERLC joined, we argued that “the Establishment Clause does not require public schools to be policed as religion-free zones.” We agree with the court that public employees retain the freedom to act in private capacities while on the job, and teachers and coaches should be able to practice their religious beliefs without fear of excessive state incursion.īelow are key quotes from the majority opinion, concurrence, and dissent, highlighting how the court reached its decision. First Amendment protections travel together, and the court was wise to observe that Coach Kennedy’s personal expressions of religious devotion created “no conflict between the constitutional commands of the First Amendment.” The ERLC applauds the court for continuing to strengthen our nation’s long legacy of religious expression. Justice Sotomayor authored the dissenting opinion, joined by Justices Breyer and Kagan. Justices Thomas and Alito wrote concurring opinions. Kavanaugh also joined the majority opinion except for Part III-B. Justice Gorsuch wrote the opinion of the court joined by Justices Thomas, Alito, and Barrett. Bremerton on June 27 that “the Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal.” The court found that Coach Kennedy’s private prayers after football games were “private speech, not government speech,” and teachers and students need not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” In an affirmation of religious expression, the Supreme Court ruled 6-3 in Kennedy v. ![]()
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