The U.S. Supreme Court is considering a new case related to school prayer. This story began in 2015 when high school football Coach Joe Kennedy got on his knee at mid-field after a game and thanked God quietly. Some of the players voluntarily joined him in this huddle.

Kennedy was fired for this act by his employer, Bremerton High School in Bremerton, Washington. He sued to get his job back.

Fox News (4/25/22) reports: “Lower courts have all ruled for the school. The 9th Circuit U.S. Court of Appeals concluded that by kneeling and praying in view of students and parents, Kennedy ‘spoke as a public employee, not as a private citizen, and his speech therefore was constitutionally unprotected.’”

Fox News quotes Rachel Laser, the president of Americans United for Separation of Church and State: “No child attending public school should have to pray to play school sports.” But his defenders note the coach was expressing his own public thanks—not forcing anyone else to participate in his prayer.

How dare he, argued the secular authorities in the state of Washington and beyond, acknowledge Almighty God before all those students and parents and members of the community?

How dare Coach Kennedy do this in the state named after George Washington, who acknowledged Almighty God on multiple occasions—even on the day be became our first president and participated in a two-hour Christian worship service with the new government leaders of the United States at St. Paul’s Chapel, in which they received Holy Communion?

Coach Kennedy is closer to the ideals and practices of the founders than his critics who assert a false “strict separation of church and state”—words found nowhere in the Constitution.

Coach Kennedy is being represented by First Liberty Institute based in Plano, Texas, which focuses on defending religious freedom in America. Their name is derived from the fact that the first liberty listed in our nation’s Bill of Rights, the first ten amendments to the U. S. Constitution, is religious liberty.

The First Amendment begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Historically, this was understood to mean that there would no Church of America, like there is a Church of England. That is, there was to be no Church “by law established” at the federal level. Some states at the time had state-churches.

Defenders of Coach Kennedy argue that the same men who gave us the First Amendment also gave us the Northwest Ordinance, which spells out the template that future states in the country were to follow.

They wrote in this ordinance: “Religion and morality being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.” The founders did not intend schools to be “religion-free zones.”

Judge Darrell White, the president of Retired Judges of America, once told me in an interview on church-states relations: “There is a separation of church and state, but it’s not a separation of God and government.” It is a separation of the institution of the church from the institution of the state.

James Madison, a key architect of the Constitution, wrote a document called “Memorial and Remonstrance Against Religious Assessments” in 1785. In that document, he notes that because Christianity is of divine origin, it will stand on its own, without the aid of the state.

Madison said, “Whilst we assert for ourselves a freedom to embrace, to profess and to observe the Religion which we believe to be of divine origin, we cannot deny an equal freedom to those whose minds have not yet yielded to the evidence which has convinced us. If this freedom be abused, it is an offence against God, not against man: To God, therefore, not to man, must an account of it be rendered.”

In other words, the state is not to support the church and nor is the federal government (sometimes called by the founders the “general government”) to interfere with the church. Said Madison in 1788: “There is not a shadow of right in the general government to intermeddle with religion.”

Just the idea of a school official bowing the knee to God—not bowing the knee to protest our national anthem, but in respect to our Creator—was enough for those on the left to try and destroy Coach Kennedy’s career and keep him from what he believes is his calling, to coach high school football.

It would seem that the left cares about free speech and freedom of expression when it comes to things the founders would have never dreamed about, like alternative sexualities and gender fluidity, but not for things explicitly protected in the U.S. Constitution like the free exercise of religion.

This article was originally published at JerryNewcombe.com.

IFI, along with the Billy Graham Evangelistic Association, Concern Women for America, and thirteen other Christian organizations, filed an amicus brief with the U.S. Supreme Court this week in favor of Coach Joe Kennedy, who was fired from a public school in Washington State because he prayed briefly at the 50-yard line after football games.

Coach Kennedy is a man of deep faith who has been saying a brief prayer following his team’s football games for years. Initially he did so alone, but then some students and other coaches freely chose to join in. When the school learned what he was doing, it demanded he stop, but he felt responsible to thank God for the games in that way. As a result, he lost his job.

First Liberty Institute sued the school district on Kennedy’s behalf, but both a U.S. District Court and a Court of Appeals sided with the school district. Kennedy appealed to the U.S. Supreme Court, and in January, SCOTUS agreed to hear the case. (For a more detailed history, read First Liberty Institute’s case summary.)

The issue before the high court is whether the speech and religious liberty rights provided by the First Amendment protect Kennedy’s brief prayer following games and whether the Establishment Clause justifies his dismissal, as the school district has argued. In recent years, SCOTUS has interpreted the Establishment Clause to foster neutrality towards religion. Our amicus brief in this case argues that,

[The Establishment Clause] states that “Congress shall make no law respecting an establishment of religion.” It obviously does not prohibit any governmental action about or allowing religion. If it did, the Constitution would be at war with itself. Indeed, the very next phrase of the First Amendment protects the “free exercise” of religion, an obvious endorsement of religious observance by affirmatively protecting it. The Establishment Clause, by forbidding the government to establish religion, has the effect of reinforcing the private exercise of religion. The restraint on “an establishment” does not trump or supersede the belief or practice of religion. “Government does not establish religion by leaving its private exercise alone.”

The First Amendment is pro-freedom of speech, pro-freedom of press, and pro-freedom of assembly. It accomplishes those purposes by providing that “Congress shall make no law … abridging” those freedoms. Similarly, the First Amendment is pro-religious observance, not hostile to it in one clause and in favor of it in another. And while the operation of the clauses may overlap, by their very nature and purpose they do not contradict each other when, as here, the state does not initiate, and acts neutrally in accommodating, the private exercise of religion.

A short prayer following a game, joined in by only those who want to be there by their own free will, hardly amounts to an establishment of religion, particularly when the school makes it clear that it has nothing to do with Coach Kennedy’s activities.

Oral arguments for this case are expected in April.

Take ACTION: Please keep this case, the Justices, and their clerks in your prayers. Pray that religious freedom and the free exercise of that liberty will be upheld by the Court.

Read more:

Catholic Bishops Support Praying Football Coach in SCOTUS Case (CNA)

Family Policy Alliance Files SCOTUS Brief on Behalf of Praying Coach (FPA)