Supreme Court justices discussed all those hypothetical scenarios Monday while hearing arguments about a former public high school football coach from Washington state who wanted to kneel and pray on the field after games.
Justice Amy Coney Barrett asked what if the coach had instead run an after-school religious youth group at his home, with students free to join or not.
The justices and the lawyers arguing the case at various points discussed teachers and coaches who might wear ashes on their foreheads on Ash Wednesday, oppose racism by kneeling during the national anthem or express a political opinion by putting signs in their home’s yard.
The Supreme Court previously declined to get involved in the case at an earlier stage in 2019.
The case has returned to the court at a time when the court’s conservative majority has been sympathetic to the concerns of religious individuals and groups, such as groups that brought challenges to coronavirus restrictions that applied to houses of worship.
The case before the justices on Monday involves Joseph Kennedy, a Christian and former football coach at Bremerton High School in Bremerton, Washington.
Concerned about being sued for violating students’ religious freedom rights, the school asked him to stop his practice of kneeling and praying while still “on duty” as a coach after the game.
Richard Katskee, a lawyer for the school district, said public school employees can have quiet prayers by themselves at work even if students can see.
He noted that coaches have a power that is “awesome.” “The coach determines who makes varsity, who gets playing time” and who gets recommended for college scholarships, he said.