Bicameral Group Urges Supreme Court to Hear Case on Coach's Right to Pray

Press Release

U.S. Senator Kevin Cramer (R-ND) joined Senator James Lankford (R-OK) on an amicus brief in support of Coach Joe Kennedy inKennedy v. Bremerton School District. The brief asks the Supreme Court to review and subsequently reverse the Ninth Circuit's decision that allowed Coach Kennedy to be fired for silently kneeling and praying after school football games.

"Freedom of religion and freedom of speech are cornerstones of our nation. Each person is entitled to their faith and our government does not have the authority to dictate the time and space of where that faith is practiced," said Senator Cramer. "The God-given right to faith is one of America's most precious freedoms, and I join my colleagues in urging the Supreme Court to consider this case and right this wrong."

Kennedy was head coach for the Bremerton High School junior varsity football team and an assistant coach for the varsity team. After each game, he waited until the players cleared the field, then took a knee and silently prayed. Bremerton High School sent Kennedy a letter demanding he stop praying after games. Coach Kennedy's contract with Bremerton School District was not renewed, resulting in his termination.

Kennedy filed a lawsuit against Bremerton School District, which a federal district court dismissed. On appeal, a three-judge panel of the Ninth Circuit argued Kennedy's prayers were not protected by the Constitution because he was praying as a public employee rather than in his private, personal capacity. In March 2021, a three-judge panel of the Ninth Circuit upheld the District Court's decision that Kennedy's silent, public prayers after football games violate the Establishment Clause, and the circuit court denied an appeal for review.

Senators Cramer and Lankford are joined on the amicus brief by Senators Jim Inhofe (R-OK), John Boozman (R-AR), Tim Scott (R-SC), Steve Daines (R-MT), Ted Cruz (R-TX), Roger Wicker (R-MS), Mike Lee (R-UT), Marco Rubio (R-FL), Roy Blunt (R-MO), and John Thune (R-SD). Representative Vicky Hartzler (R-MO) is co-leading the brief in the House, which is signed by 14 representatives.

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