Kennedy v. Bremerton School District

The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression. Justice Neil Gorsuch authored the majority opinion of the Court. The District disciplined Coach Kennedy after three games in October 2015, in which he “pray[ed] quietly without his students.” In forbidding Mr. Kennedy’s prayers, the District sought to restrict his actions because of their religious character, thereby burdening his right to free exercise. As to his free speech claim, the timing and circumstances of Kennedy’s prayers—during the postgame period when coaches were free to attend briefly to personal matters and students were engaged in other activities—confirm that Kennedy did not offer his prayers while acting within the scope of his duties as a coach. The District cannot show that its prohibition of Kennedy’s prayer serves a compelling purpose and is narrowly tailored to achieving that purpose. The Court’s Lemon test, and the related endorsement test, are “abandoned,” replaced by a consideration of “historical practices and understandings.” Applying that test, there is no conflict between the constitutional commands of the First Amendment in this case. Justices Clarence Thomas and Samuel Alito filed concurring opinions. Justice Sonia Sotomayor filed a dissenting opinion, in which Justices Stephen Breyer and Elena Kagan joined.