{"id":8541,"date":"2022-08-06T17:56:09","date_gmt":"2022-08-06T17:56:09","guid":{"rendered":"http:\/\/lonecandle.com\/?p=8541"},"modified":"2022-08-06T17:56:09","modified_gmt":"2022-08-06T17:56:09","slug":"the-supreme-court-hands-the-religious-right-a-big-victory-by-lying-about-the-facts-of-a-case","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=8541","title":{"rendered":"The Supreme Court hands the religious right a big victory by lying about the facts of a case"},"content":{"rendered":"\n

\n\n“The Supreme Court handed down a landmark decision in Kennedy v. Bremerton School District<\/em><\/a> on Monday, overruling a 1971 case<\/a> laying out how the government must keep its distance from religion.<\/p>\n\n\n\n

But Justice Neil Gorsuch\u2019s opinion for himself and his fellow Republican appointees relies on a bizarre misrepresentation of the case\u2019s facts. He repeatedly claims that Joseph Kennedy, a former public school football coach at Bremerton High School in Washington state who ostentatiously prayed at the 50-yard line following football games \u2014 often joined by his players, members of the opposing team, and members of the general public \u2014 \u201coffered his prayers quietly while his students were otherwise occupied.\u201d<\/p>\n\n\n\n

(Justice Brett Kavanaugh did not join a brief section of Gorsuch\u2019s opinion concerning the Constitution\u2019s free speech protections, but Gorsuch otherwise spoke for the Court\u2019s entire Republican majority.)<\/p>\n\n\n\n

Because Gorsuch misrepresents the facts of this case<\/a>, it\u2019s hard to assess many of its implications.<\/p>\n\n\n\n

The Court\u2019s decision to explicitly overrule Lemon v. Kurtzman<\/em>, the 1971 decision that previously governed cases involving the Constitution\u2019s language prohibiting \u201can establishment of religion<\/a>,\u201d has obvious implications for future lawsuits: Lower court judges will no longer apply Lemon<\/em>\u2019s framework to establishment clause cases.<\/p>\n\n\n\n

But it\u2019s not clear how those lower court judges should now navigate questions about the separation of church and state. Although the Court overrules Lemon<\/em>, it does not announce a fleshed-out test that will replace Lemon. <\/em>Instead, Kennedy<\/em> announces a vague new rule that \u201cthe Establishment Clause must be interpreted by \u2018reference to historical practices and understandings.\u2019\u201d<\/p>\n\n\n\n

Moreover, because Gorsuch\u2019s opinion relies so heavily on false facts, the Court does not actually decide what the Constitution has to say about a coach who ostentatiously prays in the presence of students and the public. Instead, it decides a fabricated case about a coach who merely engaged in \u201cprivate\u201d and \u201cquiet\u201d prayer.<\/p>\n\n\n\n

If the facts of Kennedy<\/em> actually resembled the made-up facts laid out in Gorsuch\u2019s opinion, then Kennedy<\/em> would have reached the correct result. Even under Lemon<\/em>, a public school employee is typically permitted to quietly pray while they are not actively engaged with students.<\/p>\n\n\n\n

Gorsuch\u2019s opinion, however, describes a very different case than the one that was actually before the Court.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“In the real case that was actually before the Supreme Court, Coach Kennedy incorporated \u201cmotivational\u201d prayers into his coaching<\/a>. Eventually, these prayers matured into public, after-game sessions, where both Kennedy\u2019s players and players on the other team would kneel around Kennedy<\/a> as he held up helmets from both teams and led students in prayer.<\/p>\n\n\n\n

After games, Kennedy would also walk out to the 50-yard line, where he would kneel and pray in front of students and spectators. Initially, he did so alone, but after a few games students started to join him \u2014 eventually, a majority of his players did so. One parent complained to the school district that his son \u201cfelt compelled to participate,\u201d despite being an atheist, because the student feared \u201che wouldn\u2019t get to play as much if he didn\u2019t participate<\/a>.\u201d<\/p>\n\n\n\n

When the Bremerton school district learned of Kennedy\u2019s behavior, it told him to knock it off \u2014 though it did offer to accommodate Kennedy if he wanted to pray when he wasn\u2019t surrounded by students and spectators. And Kennedy did end some of his most extravagant behavior, such as the prayer sessions where he held up the helmets while surrounded by kneeling students.<\/p>\n\n\n\n

But Kennedy also went on a media tour<\/a>, presenting himself as a coach who \u201cmade a commitment with God<\/a>\u201d to outlets ranging from local newspapers to Good Morning America<\/em>. And Kennedy\u2019s lawyer informed the school district that the coach would resume praying at the 50-yard line immediately after games.<\/p>\n\n\n\n

At the next game following this tour, coaches, players, and members of the public mobbed the field when Kennedy knelt to pray. A federal appeals court described this mob as a \u201cstampede,<\/a>\u201d and the school principal said that he \u201csaw people fall\u201d and that, due to the crush of people, the district was unable \u201cto keep kids safe.\u201d Members of the school\u2019s marching band were knocked over by the crowds.<\/p>\n\n\n\n

And, contrary to Gorsuch\u2019s repeated claims that Kennedy only wanted to offer a \u201cshort, private, personal prayer,\u201d Kennedy was surrounded by players, reporters, and members of the public when he conducted his prayer session after that game. We know this because Justice Sonia Sotomayor includes a picture of the scene in her dissenting opinion.<\/p>\n\n\n\n

Gorsuch dismisses this photographic evidence by claiming that \u201cnot a single Bremerton student joined Mr. Kennedy\u2019s quiet prayers\u201d after this game \u2014 he claims that the players depicted in this photograph are \u201cfrom the opposing team.\u201d<\/p>\n\n\n\n

Whether those players are from the Bremerton school district or not, that doesn\u2019t change the fact that Kennedy engaged in very public prayer sessions, and did so while acting as an official representative of a public school. Nor does it change the fact that, after he was ordered to cease this activity, Kennedy went on a media tour that seemed designed to turn his supposedly \u201cquiet prayers\u201d into a public political spectacle, a spectacle that both players and spectators eagerly participated in.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“if the facts of this case resembled the false facts laid out in Gorsuch\u2019s opinion, then Gorsuch would have a point. Public school employees may engage in private acts of devotion, such as saying a prayer over their lunch in a school cafeteria while they are on the job.<\/p>\n\n\n\n

But there\u2019s nothing private about a school employee conducting a media tour touting his plans to pray at the 50-yard line of a football field immediately after a game. There is nothing private about the coach carrying out that plan \u2014 especially when he does so surrounded by kneeling players, cameras, and members of the public.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“Kennedy<\/em> will no doubt inspire other teachers and coaches to behave similarly to Coach Kennedy, but those teachers and coaches will do so at their own peril. Gorsuch\u2019s opinion doesn\u2019t weigh whether a coach is allowed to do what Kennedy actually did. That remains an open question, because the Court did not actually decide that case.”<\/p>\n\n\n\n

https:\/\/www.vox.com\/2022\/6\/27\/23184848\/supreme-court-kennedy-bremerton-school-football-coach-prayer-neil-gorsuch<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“The Supreme Court handed down a landmark decision in Kennedy v. Bremerton School District on Monday, overruling a 1971 case laying out how the government must keep its distance from religion.<\/p>\n

But Justice Neil Gorsuch\u2019s opinion for himself and his fellow Republican appointees relies on a bizarre misrepresentation of the case\u2019s facts. He repeatedly claims that Joseph Kennedy, a former public school football coach at Bremerton High School in Washington state who ostentatiously prayed at the 50-yard line following football games \u2014 often joined by his players, members of the opposing team, and members of the general public \u2014 \u201coffered his prayers quietly while his students were otherwise occupied.\u201d<\/p>\n

(Justice Brett Kavanaugh did not join a brief section of Gorsuch\u2019s opinion concerning the Constitution\u2019s free speech protections, but Gorsuch otherwise spoke for the Court\u2019s entire Republican majority.)<\/p>\n

Because Gorsuch misrepresents the facts of this case, it\u2019s hard to assess many of its implications.<\/p>\n

The Court\u2019s decision to explicitly overrule Lemon v. Kurtzman, the 1971 decision that previously governed cases involving the Constitution\u2019s language prohibiting \u201can establishment of religion,\u201d has obvious implications for future lawsuits: Lower court judges will no longer apply Lemon\u2019s framework to establishment clause cases.<\/p>\n

But it\u2019s not clear how those lower court judges should now navigate questions about the separation of church and state. Although the Court overrules Lemon, it does not announce a fleshed-out test that will replace Lemon. Instead, Kennedy announces a vague new rule that \u201cthe Establishment Clause must be interpreted by \u2018reference to historical practices and understandings.\u2019\u201d<\/p>\n

Moreover, because Gorsuch\u2019s opinion relies so heavily on false facts, the Court does not actually decide what the Constitution has to say about a coach who ostentatiously prays in the presence of students and the public. Instead, it decides a fabricated case about a coach who merely engaged in \u201cprivate\u201d and \u201cquiet\u201d prayer.<\/p>\n

If the facts of Kennedy actually resembled the made-up facts laid out in Gorsuch\u2019s opinion, then Kennedy would have reached the correct result. Even under Lemon, a public school employee is typically permitted to quietly pray while they are not actively engaged with students.<\/p>\n

Gorsuch\u2019s opinion, however, describes a very different case than the one that was actually before the Court.”<\/p>\n

…<\/p>\n

“In the real case that was actually before the Supreme Court, Coach Kennedy incorporated \u201cmotivational\u201d prayers into his coaching. Eventually, these prayers matured into public, after-game sessions, where both Kennedy\u2019s players and players on the other team would kneel around Kennedy as he held up helmets from both teams and led students in prayer.<\/p>\n

After games, Kennedy would also walk out to the 50-yard line, where he would kneel and pray in front of students and spectators. Initially, he did so alone, but after a few games students started to join him \u2014 eventually, a majority of his players did so. One parent complained to the school district that his son \u201cfelt compelled to participate,\u201d despite being an atheist, because the student feared \u201che wouldn\u2019t get to play as much if he didn\u2019t participate.\u201d<\/p>\n

When the Bremerton school district learned of Kennedy\u2019s behavior, it told him to knock it off \u2014 though it did offer to accommodate Kennedy if he wanted to pray when he wasn\u2019t surrounded by students and spectators. And Kennedy did end some of his most extravagant behavior, such as the prayer sessions where he held up the helmets while surrounded by kneeling students.<\/p>\n

But Kennedy also went on a media tour, presenting himself as a coach who \u201cmade a commitment with God\u201d to outlets ranging from local newspapers to Good Morning America. And Kennedy\u2019s lawyer informed the school district that the coach would resume praying at the 50-yard line immediately after games.<\/p>\n

At the next game following this tour, coaches, players, and members of the public mobbed the field when Kennedy knelt to pray. A federal appeals court described this mob as a \u201cstampede,\u201d and the school principal said that he \u201csaw people fall\u201d and that, due to the crush of people, the district was unable \u201cto keep kids safe.\u201d Members of the school\u2019s marching band were knocked over by the crowds.<\/p>\n

And, contrary to Gorsuch\u2019s repeated claims that Kennedy only wanted to offer a \u201cshort, private, personal prayer,\u201d Kennedy was surrounded by players, reporters, and members of the public when he conducted his prayer session after that game. We know this because Justice Sonia Sotomayor includes a picture of the scene in her dissenting opinion.<\/p>\n

Gorsuch dismisses this photographic evidence by claiming that \u201cnot a single Bremerton student joined Mr. Kennedy\u2019s quiet prayers\u201d after this game \u2014 he claims that the players depicted in this photograph are \u201cfrom the opposing team.\u201d<\/p>\n

Whether those players are from the Bremerton school district or not, that doesn\u2019t change the fact that Kennedy engaged in very public prayer sessions, and did so while acting as an official representative of a public school. Nor does it change the fact that, after he was ordered to cease this activity, Kennedy went on a media tour that seemed designed to turn his supposedly \u201cquiet prayers\u201d into a public political spectacle, a spectacle that both players and spectators eagerly participated in.”<\/p>\n

…<\/p>\n

“if the facts of this case resembled the false facts laid out in Gorsuch\u2019s opinion, then Gorsuch would have a point. Public school employees may engage in private acts of devotion, such as saying a prayer over their lunch in a school cafeteria while they are on the job.<\/p>\n

But there\u2019s nothing private about a school employee conducting a media tour touting his plans to pray at the 50-yard line of a football field immediately after a game. There is nothing private about the coach carrying out that plan \u2014 especially when he does so surrounded by kneeling players, cameras, and members of the public.”<\/p>\n

…<\/p>\n

“Kennedy will no doubt inspire other teachers and coaches to behave similarly to Coach Kennedy, but those teachers and coaches will do so at their own peril. Gorsuch\u2019s opinion doesn\u2019t weigh whether a coach is allowed to do what Kennedy actually did. That remains an open question, because the Court did not actually decide that case.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[790,671,807,1213,57,528],"class_list":["post-8541","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-courts","tag-establishment-of-religion","tag-facts","tag-judiciary","tag-religion","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8541","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8541"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8541\/revisions"}],"predecessor-version":[{"id":8542,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/8541\/revisions\/8542"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8541"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8541"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8541"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}