Justice Sotomayor poses bizarre question as SCOTUS hears arguments for school coach fired for praying

On Monday, the Supreme Court of the United States heard oral arguments in the case of Joseph Kennedy, a junior varsity head coach from Washington state’s Bremerton School District who was fired in 2015 after praying at the 50-yard line after games.

The justices will reportedly be looking at two separate issues in the case before issuing their ruling. First, whether the coach praying by himself within view of others including students amounted to unprotected “government speech,” and second, if it is not, in fact, unprotected “government speech,” would it still present issues under the First Amendment, specifically the Establishment Clause?

Justice Elena Kagan asked Paul Clement, the attorney representing Kennedy, whether it would be inappropriate for a teacher to recite a prayer in the classroom. He responded that it would, if the teacher was doing so audibly in the presence of students, or if it was taking place during the instructional period, but not if it was private and silent. The question came as the result of a discussion about whether the prayers had come during the time when Kennedy was carrying out his responsibilities as a coach.

Justice Sonia Sotomayor posed a more shocking question, wondering if a coach praying on the field while wearing Nazi symbolism would also be appropriate. Clement made clear that he wasn’t aware of the existence of such a religion, though admitted that it could acceptably be banned as it was not a direct expression of any faithful activity, and therefore wouldn’t technically qualify as religious censorship.

The more conservative-leaning justices, Brett Kavanaugh and Samuel Alito wondered if the prayer was like any other protected expressions of speech allowed on school grounds. For instance, Alito asked if someone would be punished for having a Ukrainian flag, and Kavanaugh wondered if the school would be able to “fire someone making the sign of the cross before a game?”

Justice Clarence Thomas used a topical hypothetical to put the situation into perspective.

“If the coach, instead of taking a knee for prayer, took a knee during the national anthem because of moral opposition to racism, how would your school district respond? Would that be government speech?” he asked Richard Katskee, the attorney representing the school district.

Katskee concurred that it would be “government” speech given the time and place, as well as how any reasonable person may interpret the actions.

Thomas then referred back to the case at hand, asking how it’s possible for the action to be considered “government” speech if the school had already voiced objections to the action, making it clear they don’t side with it and thus taking away any notion of even tacit endorsement.

Kennedy claims that the termination was a violation of his First Amendment rights to freedom of religion and freedom of speech, while the school district maintains claims that the Constitution is actually the reason Kennedy’s prayers are an issue. They say that his praying was coercive to students who participated in the prayer with him.

“Mr. Kennedy’s actions pressured them to pray, and also divided the coaching staff, sparked vitriol against school officials, and led to the field being stormed and students getting knocked down. When Mr. Kennedy repeatedly ignored sincere efforts to accommodate personal prayers, what was the district to do?” asked Katskee, who is representing the school district.

Meanwhile, Kennedy’s lawyer is confident that the firing was a constitutional violation because the school only fired his client as a result of the actions being religious in nature.

Kennedy says that his tradition of praying after the games was something that he started to do by himself, but over time students began joining him. Eventually, he began to give motivational speeches, according to court documents, that contained religious themes and connotations. The school district warned Kennedy to stop after an opposing team’s coach brought it to their attention, but he wouldn’t be deterred. While he did temporarily pause his actions, he eventually resumed after notifying the school.

The situation gathered quite a bit of media attention, and this caused many people to attend games as well as the post-game prayer. The school district claims that the number of people walking onto the field following games became a safety concern. They offered to allow Kennedy to pray in a separate location or to resume his 50-yard line prayers once all other people had left, but he refused. Two games later, he was placed on leave from the school.

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40 thoughts on “Justice Sotomayor poses bizarre question as SCOTUS hears arguments for school coach fired for praying

  1. This is what the founding fathers meant by separation of church and state. This should not even be heard. The government has no place in religion.

  2. Since the last loser communist democrat and racist activist was put on the court it is now more of a joke and credibility is out the door!

  3. This is blatant solicitation. Are you paying anyone for this opportunity? GET OFF!!!!

  4. Why do you solicit on this site? You are not welcome here! you are a pimp because this is what they do….

  5. Sub-human DUMB OLD C U N Ts are ALL WASTES OF FLESH, OXYGEN AND REAL ESTATE! (that would be ALL OF THEM!)

    the only good democRAT is a DEAD DEMOCrat

  6. She is not fit to be on the Supreme Court. If you don’t like the 1st amendment either pass a Constitutional Amendment to change it or accept it. We are in trouble because the Supreme Court has disregarded the Constitution’s specific language ever since the disgusting Earl Warren Court.

  7. Yashuah will be happy that the people he designed through Adam and EVe now use himasaFederalagent.

  8. As long as none of the students lodged a complaint against the coach, what’s the problem? They claim he is coercing these kids but it is voluntary. Freedom of religion anyone? Nobody has argued freedom from religion yet and added it to the US Constitution.

  9. Thomas gets to the nub : asking how it’s possible for the action to be considered “government” speech if the school had already voiced objections to the action, making it clear they don’t side with it and thus taking away any notion of even tacit endorsement.

  10. Did any of them ask if it’s ok for a PERVERTED teacher to engage in CHILD GROOMING??

  11. Remember one BIG fact that Obama did to screw over the American people …. her name is Justice Kagan … do any of you realize that Kagan was NEVER a judge before being set up to be a SCOTUS. That’s like saying you’re a 747 aircraft pilot because you payed a video game about flying ! She needs to go !

  12. Sotomayor and Kagan are already two of the dumbest people to ever be put on ANY court, let alone the SCOTUS, but now we have this ignorant chimp joining them.

    Vote dems out of office, folks, or this will be a third-world country in 20 years.

    1. Did you know Kagan was NEVER, EVER a Judge … let that sink sink in. Kagan sits as a Judge on the highest court in the land and was NEVER a judge, not even a court room paper shuffler. Like BHO claiming he was a Ivy League Professor … BHO was just a guest lecturer … B/S wrapped up in a cheap suit.

    2. One other point … a Veto Proof Congress ! 3/4 in the House & Senate and on the first day Speaker Louie Gogmert can put a Bill thru eliminating ALL OF OBIDEN’s EXE/ORDERS from day one … and Obiden can’t do anything about it … Let this be our goal. elect People we can call conservatives and with a VETO PROOF CONGRESS the dem’s control is gone.

  13. As long as no one was forced to pray, this is classic knee jerk, liberal, cry baby stuff because someone didn’t want to watch it

  14. The founding fathers created the Constitution based on the premise that religious principles would continue guiding the populace down righteous paths and moral actions. The more secular our nation becomes, the Constitution becomes more fragile. Has anybody noticed how our God given rights and constitutionally protected freedoms have been exponentially eroding during times when secular representation is in the majority? Go figure.

  15. I would bet the coach that complained lost the game and wanted revenge! That’s what liberals do!

  16. Justice Sotomayor’s line of questioning is quite evident that her questions are not original in her own thoughts or nature but questions provided to her by the radical Democrats who are working very hard to remove our religious belief systems from our daily lives, and to change the moral and social fabric of our society. We will not conform to their hatred and censorship. They are being led by a very nefarious force, and they follow willingly, like lemmings.

  17. Sotomayor’s morality issue on whether to pray or not, while she votes yes for the abortion mills that terminates over a million little heart beats each year. & citizenship for millions of law breaking illegals & open borders.

  18. What a surprise. Justice Sonia Sotomayor and anti American obammy and all the rest of the leftie loons can burn in the lake of fire forever. They would rather groom and sexualize kids than do what is right. Righteousness will win.

  19. For anyone to PRAY with their head held down, on their knees OR with their hands foldedI”IS” a “crime” according to the LEFT. BUT, it’s “A-OK for Kapernack to take a knee during the playing of the National Anthem.Was he praying? HOW DO “THEY” KNOW? Maybe he was……? The Dems “scream & yell”during “civilized” debate, “over-talk” anyone who doesn’t agree with them, bang drums & blow whistles, in the “NAME” of free speech. Yeah right. Give me a break!

  20. Good for that coach for standing his ground. Never back down from what you believe in. He didn’t force anyone to pray with him they volunteered. He’s not trying to shove his religion down anyone’s throat. I don’t see the problem…..oh wait theres demonrats involved

  21. It is very sad that prayer is supposedly off limits! When I was in school we had a morning prayer and cited the Pledge of Allegiance to the Flag. We also had a prayer in the locker room prior to football games. This one of the many things wrong in this country…people have removed themselves from God!

    1. As well do I ! ! ! !

      Barry Age 77
      PO1 USN RET
      Vietnam 3x (Tonkin Gulf Yacht Club)

      #FJB #LGB

  22. This country was founded on Christian-Judeo principles. Those atheist asswipe libtwats are welcome to leave any time, and the sooner, the better. This country started going to hell when they took prayer out of schools and then the shooting began. I hope the justices do the right thing, but demonrats are all just pure evil.

  23. May the tax payers have to take out a second mortgage to pay this lawsuit. They deserve it.

    1. Then the school board members deserve to have their rugrats shot in school. Asshole.

    2. Do you need more proof, that DEMONRATS are against God, family, and country. These clowns, that we called liberal; Are liberal on everything but liberty.
      The Leftists are just EVIL, they are a vile vulgar, totalitarian kind. For the love of God, family, and Country, they must be removed from all influence in this country.

  24. I find it extremely disturbing and sad, that young kids can be taught deviant sexual behavior in class, but can’t pray or say the pledge of allegiance to our own country!

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