Kennedy v. Bremerton School District

Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision of the United States Supreme Court.

Joseph Kennedy, a public high school football coach, prayed at midfield after games. The school district asked him to stop to avoid violating the Establishment Clause. Kennedy refused and was placed on leave. He sued, arguing the district violated his free speech and free exercise rights.

Significance

Justice Gorsuch’s 6-3 opinion held that the school district violated Kennedy’s First Amendment rights. The Court overruled the Lemon test as unworkable and announced that Establishment Clause claims should be evaluated by reference to ‘historical practices and understandings.’ The decision marked a significant shift in Establishment Clause jurisprudence, replacing the Lemon test with a history- and tradition-based approach. The Court found that Kennedy’s prayer — private, quiet, and after games — was protected individual religious expression.

Category

US Federal Case Law