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Supreme Court Declines to Hear Football Coach's Prayer Appeal [UPDATED] |
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In orders today, the Supreme Court has decided not to hear the appeal of Marcus Borden, a public high school football coach who wants to kneel and pray with his team, an act forbidden by school district policy. The refusal leaves in place an appeals court ruling upholding the school's prohibition on faculty participation in student-initiated prayers.
No doubt, many who approve of team prayers, and coaches' participation in them, will make noise about the Court's rejection of a request to merely bow a head silently with the team. I wouldn't read too much into this decision, however, given the facts of this particular case. Here, the 3rd Circuit was particularly concerned about the efforts Coach Borden made to circumvent school policy and organize prayer. Evidence showed that he had led prayers in the past, and that the "student-led" prayers from his players may have been coerced, or at least encouraged, by Borden himself. As I quoted from that decision in an earlier post:
Without Borden's twenty-three years of organizing, participating in, and leading prayer with his team, this conclusion would not be so clear as it presently is. We agree with Borden that bowing one's head and taking a knee can be signs of respect. Thus, 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.
[UPDATE: ABP's Rob Marus offers this story on the decision.] |