Court Rules for School Board in Coach’s Prayer Case

Court Rules for School
Board in Coach’s Prayer Case

A school board had the right to tell a high school football coach that he could not kneel and bow his head as team members engaged in student-led pre-game prayer, according to a ruling on April 15 by the U.S. Third Circuit Court of Appeals in Philadelphia.

Marcus Borden, head football coach for 25 years and a tenured Spanish teacher at East Brunswick High School, would bow his head during his team’s pre-meal grace at the team pasta dinners and “take a knee” with his team during locker-room prayer before a game. After the superintendent received complaints from parents, the school principal and the athletic director asked Borden not to be involved in the prayer activities.

Clear Guidelines A board attorney helped the district provide guidelines to Borden that explained prayer on school property and during school hours is allowed as long as “the activity is truly student-initiated” and “that no representative of the district lead, initiate, mandate, or otherwise coerce, directly or indirectly, any student prayer.” The guidelines also stated that school representatives, including teachers and coaches, may not participate in student-initiated prayer.

Borden sued, and a lower court ruled for him, finding that the school district directive was “overbroad and vague” and that Borden had a right to participate in student-led prayer.

After the school district sought a review from the U.S. District Court, the three-judge panel agreed that the East Brunswick school board’s policy was constitutional, as applied in this case.

Borden had led student prayer for years, but more recently had scaled back his involvement. However, the court questioned how it could realistically consider the actions as “student-led prayer” and noted that the coach, at times, selected students to lead the prayer.

“We find that, based on this history of Borden’s conduct with the team’s players, his acts cross the line and constitute an unconstitutional endorsement of religion,” said the lead opinion written by Judge D. Michael Fisher, who noted Borden’s 23-year history of organizing and leading his team in prayer. “A reasonable observer would conclude that Borden is showing not merely respect when he bows his head and takes a knee with his team and is instead endorsing religion.”

After last week’s ruling, Borden’s attorney told local newspapers that he would petition the U.S. Supreme Court to hear the case.