Let me pose a scenario:
A group of high school athletes desires to pray before games. They take it upon themselves to gather those who desire to participate, bow their heads, close their eyes and pray together as a group. Their coach, being in the locker room with these athletes prior to the game, decides to silently join these students. He walks over near their prayer circle, bows his head and listens or perhaps prays with his students silently. The coach does not utter a word out loud. He simply bows his head in unity with his players. Sometimes, if his players had the posture, he would kneel on one knee along with them while they prayed.
Has that coach broken a law? Has he violated his students' constitutional right to separation of church and state? What do you think?
A federal appeals court in New Jersey seems to think he has. A lawsuit was brought against the coach by the East Brunswick Board of Education. And they won. The court ruled that the coach's decision to bow his head and get down on one knee endorsed religion, even though he never uttered a word out loud. He didn't push religion, he wasn't Bible thumping, and he wasn't leading the prayer or forcing students to be a part of it.
The court had the following to say about their ruling. "We find that based on the history of [the coach's] conduct with the team's players, his acts cross the line and constitute an unconstitutional endorsement of religion. Although [the coach] believes that he must continue to engage in these actions to demonstrate solidarity with his team ... we must consider whether a reasonable observer would perceive his actions as endorsing religion, not whether [the coach] intends to endorse religion."
Although the superintendent of the district was quick to point out that students themselves have the freedom to pray voluntarily whenever they like. Thanks for clearing that up.
Here is the part that really gets me. There was a three judge panel in this case. Two out of the three judges (which is the majority) had this to say, "If a football coach, who had never engaged in prayer with his team, were to bow his head and take a knee while his team engaged in a moment of reflection or prayer, we would likely reach a different conclusion because the same history and context of endorsing religion would not be present." Basically, do it once and that's okay; but bow that head twice and you'll be sued.
What about a moment of silence that often occurs at sporting events to honor an event or person(s)? What does a coach do if that happens more than once in a season? During those times some people bow their heads, some people pray, some stand silently. Since it's a moment of silence no one knows what each individual is thinking or why they've taken that posture. If his players happen to bow their heads and he does too, will he be sued?
Now I'm not a judge nor am I a lawyer. I certainly have my own interpretations of the Constitution which many would probably never hold up in court. I tried to view this lawsuit from the point of the players, the school board, the judges etc. I tried. But I still don't fully see the value in the suit. And mainly for one reason.
With all the negativity in this world; with all the stories of coaches berating and beating players; with all the stories of parents and coaches fist-fighting over games; with all the bullying, guns and other school violence that occurs. With all of that, the school board spends money for this kind of lawsuit? No student (that's been reported) has ever come forward and complained about the coach's abilities, practices or character over his 22+ career coaching this very team. Some parents complained about him bowing his head and joining his players when they kneel (which, by the way, is a huge football tradition whether or not the player is considered religious). They ought to be thankful that this coach has taught their kids about their sport, about character and about the freedom to be who they are (even if that means they want to pray together). We should all be so lucky that the worst thing our coach ever did was bow his head along with ours.