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.

Written by Jorge Gomez

The greatest threat to America is not the COVID-19 virus.

We don’t dismiss the deadliness of a rapidly spreading illness. However, the virus itself isn’t the most pressing threat to the fabric or the foundations of our country.

The most imminent danger to our republic is the overreach of government power, especially during a crisis. Our nation faces a fatal risk when government takes actions that violate our fundamental freedoms, leading us down the road of tyranny, to the erosion of our constitutional system.

When we survey the landscape of stay-at-home orders and restrictions imposed during the last several weeks, we see officials in numerous states abusing their authority to severely cut back freedoms, as they don’t want to let “a good crisis go to waste.”

Nowhere has this been more apparent than in the burdensome policies, bigotry and discrimination directed against America’s houses of worship and religious communities.

Churches and people of faith nationwide have largely shown love for their neighbor, complied with health guidelines, gone the extra mile to adapt their religious services and continued serving communities as their faith teaches. Even still, relentless and outrageous violations of their religious freedom are constantly launched against them.

What does this say about the state of our nation?

One thing is increasingly clear. The attacks on our First Freedom during the health crisis are a warning sign that America is facing a constitutional crisis.

Downgrading America’s First Freedom to Second Class Status

The first indication that the U.S. Constitution is in deep trouble comes from data showing that most Americans think it’s okay to maintain ongoing limitations on religious liberty.

A recent University of Chicago Divinity School / Associated Press poll reported that 42 percent of Americans think in-person religious services should be allowed with restrictions, and 48 percent think they should not be allowed at all.

That’s half of Americans who believe churches should be banned from meeting, even if they follow the same restrictions and all safety protocols as businesses, retail, liquor and other stores which are allowed to be open. That’s pure discrimination.

Let’s ask ourselves a difficult question: Have we elevated commercial activity so high on our list of “essential services” and downgraded religious freedom to second tier, or even further down the list?

Are we at a point now when we’re categorizing this First Freedom as “non-essential?”

This reveals something deeply concerning about our understanding of basic constitutional freedoms.

It’s almost as if religious freedom—including the inalienable right to exercise one’s beliefs by attending church—has become just like any other casual lifestyle choice. By the looks of it, many in positions of authority and a majority of Americans think this right is just a hobby we can push down the list, like going to a baseball game, or to a concert with friends.

There’s a reason why our Founders fought to ensure that religious freedom held a special (and first) place in the U.S. Constitution. They understood that people of faith and churches were essential to the fabric of our society, and therefore it was necessary to restrain government power, so that religious communities could freely live out their faith as well as contribute to the flourishing of our country.

Today, even if many state governors or local officials say otherwise, religious services and religious freedom are still indeed “life-sustaining” and essential. They are a lifeblood for millions in times of national crisis or distress.

It’s worth reminding those officials who relegate religious freedom and the religious community to second tier of a blunt truth: Religious freedom has been essential since the U.S. Constitution was drafted, and today it still is the primary and most essential of our liberties.

Here’s the bottom line: If “We the People” forget, willfully ignore or downgrade religious liberty from being first on the list of freedoms listed in the U.S. Constitution, then it’s a sign we’re in a constitutional crisis.

State Officials Who Think Themselves Above the Supreme Law of the Land

Another clear and present threat to our constitutional system is seen when governors and local officials across several states think they can override or run roughshod over the religious freedoms of Americans.

Consider that in the state of Washington, Gov. Jay Inslee imposed a ban on religious gatherings of any size during the COVID-19 pandemic, even prohibiting two people from meeting together to pray and read scripture and criminalizing all religious gatherings outside of family members.

First Liberty intervened against this attack on religious freedom, seeking a temporary restraining order on behalf of our client, Joshua Freed, who wanted to hold a one-on-one Bible study in his home while adhering to CDC guidelines. Thanks to our involvement, Gov. Inslee backed down and Mr. Freed can have a one-on-one Bible study, and the Governor will not enforce the rules against home Bible studies on a one-on-one basis.

In Kentucky, First Liberty had to fight on behalf of churches prevented by Gov. Andy Beshear’s executive order from holding CDC-compliant religious services, a policy that even threatened them with criminal penalties. In that state, First Liberty won two seminal victories reclaiming the rights of churches to hold both drive-in and safe, in-person services.

Or take a look at the fact that in Chicago, Illinois police recently fined several churches for hosting in-person services. The situation in that state was so bad that Gov. J.B. Pritzker at one point announced he would demand places of worship keep their doors closed until a vaccine is developed (whenever that is!), despite their “over-compliance” with health regulations.

Over the course of the pandemic, there’s been no shortage of government leaders abusing their power and trampling on the U.S. Constitution by singling out and discriminating against people of faith and churches.

The U.S. Constitution is designed to protect religious institutions, so that no governor, state or local official arbitrarily singles out religious activities for restrictions that do not apply to other areas of life. But as we see from the examples above (as well as many more not mentioned here), some in positions of authority don’t really grasp the U.S. Constitution’s protection of religious freedom.

Terrible mismanagement of religious liberty at the state and local level is alarming because it poses a threat to our constitutional system, indeed to the political health of our republic.

Think of it this way. We have a constitutional crisis when governors or municipal leaders put themselves above the Supreme Law of the Land (U.S. Constitution)—like when they make policies that directly violate the First Amendment’s protection of religious freedom.

There’s a big lesson to learn here: The health crisis has brought to the forefront the reality of a constitutional crisis, a crisis caused by an impending threat of government interfering with our God-given liberties.

Right now, First Liberty is fighting for and reclaiming the First Amendment freedoms of religious communities nationwide. Protecting religious liberty is essential in this critical time, and it’s the first step in making sure we preserve America’s precious and unique constitutional system.

This article was originally published at FirstLiberty.org.

From First Liberty

Last week, First Liberty Institute attorneys announced their legal representation of Aaron and Melissa Klein—owners of Sweet Cakes by Melissa who were forced to pay a $135,000 penalty to the Oregon government for declining to bake a cake for a same-sex wedding.

In addition to widespread media attention from news outlets across the country, Aaron and Melissa shared their story with America last Friday night on FOX’s The Kelly File.

“[I]t’s not something I ever thought I’d have to fight with the government over,” Aaron said of his faith-based stance on the issue of marriage. “This was something I believed should never be happening in this country.”

But it is happening—and not only in Oregon to Aaron and Melissa Klein.

A TEXAS COUPLE UNDER ATTACK FOR THEIR FAITH

In mid-February, a family-owned bakery in Longview, Texas declined to make a same-sex wedding cake—and they are now reaping the same hate-filled repercussions as the Kleins did in 2013 (and still feel today).

David and Edie Delorme own Kern’s Bake Shop, which has been in business in Longview, Texas since 1918. As devout Christians, David and Edie are committed to operating their bakery in a manner that honors God. In the past they have consistently refused to bake alcohol, tobacco, gambling, or risqué-themed cakes.

When two men requested a cake for their same-sex wedding, Edie politely informed them that Kern’s Bake Shop did not make same-sex wedding cakes, and offered to provide a list of other bakeries in Longview that could fulfill the couple’s request.

Nevertheless, the incident soon appeared in a local newspaper, igniting a firestorm of hostility and even death threats toward the Delormes, their family, and their business from places as far away as New York and California.

“Americans value and protect our freedoms – especially freedom of expression and religious liberty,” said Mike Berry, Senior Counsel for First Liberty Institute. “In order for America to remain free and prosperous, we must secure the rights of small business owners to operate their businesses according to their beliefs.”

Though no lawsuits have been filed against Kern’s Bake Shop yet, David and Edie heard about First Liberty’s defense of Aaron and Melissa Klein, and preemptively retained First Liberty Institute as legal counsel.

HOPE—FOR THE KLEINS, THE DELORMES, AND ALL AMERICANS

Attacks are spreading against Americans who embrace religious tenets teaching that marriage is a sacred union between one man and one woman, as evidenced by the Delormes’ experience just a few weeks ago.

But there is hope for religious freedom, even surrounding this hotly contested issue. For example:

• The same majority opinion that legalized same-sex marriage in Obergefell last June reaffirmed religious liberty for those who maintain that marriage is between one man and one woman. Justice Anthony Kennedy wrote,

The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons…In turn, those who believe allowing same-sex marriage is proper or indeed essential, whether as a matter of religious conviction or secular belief, may engage those who disagree with their view in an open and searching debate.

• First Liberty’s social media pages prove that the “open and searching” debate Justice Kennedy talked about is increasing, while hate speech and threats are decreasing. The response on social media to First Liberty’s announced representation of the Kleins last week was overwhelmingly positive and consisted of constructive debate—a stark contrast to the barrage of hostile, lewd, or extreme comments that often flood social media in response to controversial issues. According to First Liberty’s social media team, the response was more positive than anticipated—and could mark a change of heart regarding the religious liberty rights of Americans who simply want to run their business according to their faith.

• The best constitutional lawyers in the country are working with First Liberty to win these cases. First Liberty’s unique volunteer attorney model harnesses the legal firepower of constitutional attorneys from many of the nation’s top law firms. Passionate about defending religious freedom, these lawyers give their time to First Liberty Clients pro bono.

Working on the Aaron and Melissa Klein’s case is The Honorable Boyden Gray, former White House Counsel for President George H. W. Bush, former Ambassador to the European Union, and founding partner of Boyden Gray and Associates.

“America is a great nation because we celebrate diversity of thought,” stated Ambassador Gray. He emphasized:

“Our rights to free expression and religious liberty are some of our most cherished American freedoms. We must safeguard these rights for every American – including Aaron and Melissa Klein.”

Thanks to God’s grace and volunteer attorneys like Ambassador Gray, First Liberty wins over 90 percent of its cases.

IN THE BALANCE—PROTECTIONS FOR PEOPLE OF FAITH

But while the hope is undeniable, so is the threat. And despite progress in the conversation surrounding religious freedom and marriage, threats and hate-filled messages continue to bombard the Kleins and the Delormes personally.

“If these small business owners can come under attack for their faith, what does that say about our perspective on liberty?” asks Berry. “We need to respect the rights of all Americans to live together peaceably, even if they have a difference of opinion. That’s what freedom means.”

First Liberty’s attorneys are committed to ensuring Americans like Aaron and Melissa Klein and David and Edie Delorme are free to live out their faith, and are preparing for the Kleins’ case to possibly go before the United States Supreme Court.

If the case does go to the U.S. Supreme Court, it will be one of the first cases to answer two new questions America is now facing, said Ken Klukowski, First Liberty Senior Counsel and Director of Strategic Affairs on The Kelly File last Friday:

[I[f someone has sincerely held religious beliefs that are mainstream beliefs on an issue like marriage, can the government punish them for speaking those beliefs, and can the government order them, as [the Kleins have] been ordered to, that they can’t discuss aspects of their beliefs?”

Click here to receive updates from First Liberty Institute as these cases progress

Click here to read more information about Aaron and Melissa Klein’s case

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