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Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision [1] by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
In 2022, the justices reversed the 9th Circuit and upheld, in Kennedy vs. Bremerton, a free-speech claim from a football coach who defied school officials and insisted on praying at the 50-yard line.
The praying football coach, whose Supreme Court victory afforded him a short reunion with the Knights, put out a book and a movie is coming in 2024.
Kennedy v. Bremerton School District, 869 F.3d 813 (9th Cir. 2017). Writing on behalf of an undivided panel, Smith held that a high school football coach spoke as a public employee when he would kneel and pray on the 50-yard line immediately after games, in full school apparel, while in view of students and parents.
The evaluation advised against rehiring Kennedy on the grounds that he "failed to follow district policy" regarding religious expression and "failed to supervise student-athletes after games." [2] Kennedy sued the district in federal court, alleging that the district's actions violated the First Amendment’s Free Speech and Free Exercise ...
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Sotomayor says this is the decision that "overrules" Lemon, and that the plurality decision in American Legion simply said 'that application of the Lemon test to “longstanding monuments, symbols, and practices” was ill-advised for reasons specific to those contexts.' Either way, Lemon is not good law after this decision.
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