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The U.S. Supreme Court ruled on Monday that a Washington state football coach’s postgame prayer at the 50-yard line was protected by the First Amendment, a ruling that sets a precedent for more protections for school employees who engage in public displays of religion.
Currently, Texas public school students are allowed to practice their religion in school. Some schools provide meeting rooms for students and teachers to discuss their faith. What Texas public school leaders cannot do is lead their classes in prayer, force or coerce students to participate in religious activity, or prohibit students from practicing their own religion in private.
Monday’s decision related to the case of Joe Kennedy, a high school football coach, who was fired for refusing to stop kneeling in prayer after games. The court’s opinion was that the coach was praying as a private citizen and not as an employee of the district.
“Respect for religious expressions is essential to life in a free and diverse Republic,” wrote Judge Neil Gorsuch. “Here, a government entity sought to punish an individual for engaging in a brief, silent, and personal religious practice doubly protected by the free exercise and free speech clauses of the First Amendment.”
Hiram Sasser, executive general counsel for the First Liberty Institute, a religious freedom organization that represented Kennedy, said Monday’s decision was a victory for religious freedom on all levels.
“For decades, school districts … whenever they encountered religious speech on campus, they always chose to censor it. They thought censorship was the right thing to do,” Sasser said. “But those days are over.”
The Supreme Court’s decision was hailed by Lieutenant Governor Dan Patrick.
“Today’s wise decision is a great victory for Americans of all faiths,” Patrick said in a statement. “Now that the Supreme Court of the United States has ruled in favor of Kennedy, it is abundantly clear that the government cannot interfere with personal prayer displays.”
However, Paul Tapp, attorney for the Association of Texas Professional Educators, said the ruling continues to cloud the issue of what actions are right or wrong when it comes to practicing religion in the classroom.
“Is prayer in a classroom OK? How about a teacher praying with students in the classroom? What if a teacher spoke to his students about their personal religious beliefs? said Tap.
Mark Jones, a political science professor at Rice University, said the opinion could complicate ongoing curriculum wars in Texas and other conservative states.
“You’re going to see the trend or the pattern in schools where prayer happens openly,” Jones said. “And you’ll probably see some parents and groups start pushing for more space for religion in schools or at least push back against any effort by school administrators to remove religion-related activities from school.”
Last year, conservative lawmakers passed a law limiting how racism and slavery are taught in public schools. They argued that Texas students are learning a college-level area of study known as critical race theory, even though no high school in Texas offers such a course. But that hasn’t stopped some parents from arguing at school board meetings that social studies classes that include discussions of racism teach critical race theory.
Matthew Gutierrez, superintendent of the Seguin Independent School District, said the High Court’s decision could ease the minds of school officials and employees who may feel they now have greater protection when they consider prayer or other religious practices.
“We are – at this point – ready for movements taking shape across the state,” he said.
Sasser said the decision allows any public school employee to live out their faith without being discriminated against or losing their job.
“The most important thing for us is that people of all faiths deserve to have their religious freedom rights protected,” he said.
Disclosure: The Association of Texas Professional Educators and Rice University financially supported The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors . Financial supporters play no role in the journalism of the Tribune. Find a full list here.
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