Football Coach Forbidden from Taking a Knee

On April 16, 2008, the U.S. Third Circuit Court of Appeals in Philadelphia unanimously reversed a New Jersey District Court's ruling that had permitted Marcus Borden, a high school football coach, to bow his head or kneel with students as they engaged in student-led team prayer.

The New Jersey District Court judge, Hon. Dennis Cavanaugh, had reasoned in his 2006 Opinion that not to allow the coach to bow his head and "take a knee as a sign of respect for his players' actions and traditions...would be a violation of his (the coach's) rights." The Federal Appeals court disagreed, however, and said that because the coach had led prayer at past school events, his deferential posture during the players' prayer would be interpreted as endorsement of religion.

In efforts to show respect for God and his country's laws, Coach Borden has agreed to abide by the Appeals court's ruling. Constitutional scholars sympathize, however, that the Appeals court has placed him, and others like him, in a precarious position. It is difficult to imagine a posture the coach can assume during student-led prayer that does not either portray him as either endorsing religion or being disrespectful of it. If he does not bow his head and take a knee with the players, for example, what options is he left but to distance himself from the group or engage in some other activity? Judge Marianne Trump Barry, one of the Appeals court judges who agreed with the opinion, expressed concern over this very issue, indicating that if he were to "turn his back or stand and walk away" during the team's prayer, he might be perceived as evincing "hostility to religion".

Advocates exists to protect religious liberties in the courts. Public schools are increasingly the venues of religious liberty issues, and, unfortunately, it is often the case that Christians' rights are ultimately infringed upon. Take, for example, the case of sophomore Chad Farnan. His public school teacher, a paid representative of the state, has almost daily not only demonstrated hostility toward religion, but openly mocked people of faith, declaring them to be ignorant and ridiculous. A reasonable person has to wonder whose freedoms our nation is interested in upholding when one school district would allow this kind of behavior to continue for more than fifteen years, but another would forbid a football coach simply from bowing his head and kneeling out of respect to his team's student-led prayer.

Please stand with us as we seek to ensure protection of our constitutionally-guaranteed religious liberties in our public schools. YOU can make a difference!

Want to read the Third Circuit's Opinion? See below. http://www.ca3.uscourts.gov/opinarch/063890p.pdf