Constitutional Law

Public School Football Coach Cannot Join Players In Prayer, Says Appeals Court

A federal appeals court has unanimously ruled that a New Jersey high school football coach cannot participate in pre-game prayer activities with his players.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals today held that Marcus A. Borden, football coach at East Brunswick High School, does not have a free speech right to participate in pre-game prayer activities with his players. Borden, the team’s coach since 1983, was told by high school and district officials in 2005 to stop participating in religious activities with his players. In fall 2005, East Brunswick School District Superintendent Jo Ann Magistro received complaints from parents and players regarding Borden’s pre-game prayer activities, which included leading students in prayer at pre-game dinners.

The high school officials subsequently asked Borden to stop participating in religious activities with his players. According to the 3rd Circuit, at a team dinner following the school officials’ requests, Borden continued involving himself in team prayer and allegedly told players who did not want to participate that they could wait in the restroom until prayer was over. Later Borden resigned his position, then withdrew it, and sued the school district, arguing that its policy against his participation in prayer with his players violated his free speech rights.

A U.S. District Judge agreed with Borden, ruling that the school’s ban on the coach’s involvement, including taking a knee during team prayer, was too vague. Citing federal court precedent, the 3rd Circuit reversed the district judge’s ruling and found that Borden’s involvement in prayer with his players did subvert the First Amendment principle of the separation of church and state. In Borden’s case, the panel wrote in Borden v. School District of the Township of East Brunswick, that the “conclusion we reach today is clear because he organized, participated in, and led prayer activities with his team on numerous occasions for twenty-three years.”  

“Thus,” the court continued, “a reasonable observer would conclude that he is continuing to endorse religion when he bows his head during the pre-meal grace and takes a knee with his team in the locker room while they pray.”

Check back later this week for a guest blog post from Richard Katskee, assistant legal director at Americans United for Separation of Church and State, who argued before the 3rd Circuit that the school district was on solid ground in ordering Borden to stop leading or participating in religious activities with his players.

Full post as published by ACS Blog on April 15, 2008 (boomark / email).