Appeals Court to Decide Whether Coach Can Kneel While Athletes Pray

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October 9, 2007

Appeals Court to Decide Whether Coach Can Kneel While Athletes Pray

A U.S. federal appeals court recently heard arguments over a lower court’s ruling that allows a New Jersey high school football coach to kneel or bow his head during student-led team prayers before games.

According to Christian Post dot com, a lower court ruling last July had sided with East Brunswick School District’s football coach, Marcus Borden, ruling that “taking a knee” is not praying.

In his lawsuit, Borden claimed that that the district violated his free-speech rights when it ordered him to stop kneeling and bowing his head — acts he considered secular signs of respect — during pre-game prayers led by student players.

In 2000, the U.S. Supreme Court ruled that a school district’s policy permitting student-led, student-initiated prayer at football games violates the First Amendment. However, the decision allowed for students to pray voluntarily in schools.

In the case of Borden, students lead the team in prayer before the game in the locker room. A Boston Globe photo presented in the hearing shows the coach taking a knee with players in the locker room.

On Wednesday, Federal Appeals Court Judge Theodore A. McKee said, “I do have an issue with whether this is truly student-initiated prayer”...but he noted that students might feel compelled to pray knowing where Borden stands in the issue.

“In the end what matters is how a reasonable student would perceive what Borden is doing. A reasonable observer would conclude he is praying with the team,” said McKee.

Despite different opinions between the appeals court judges, the entire panel seemed to agree that the evidence before them leaves them little room to rule other than let stand the lower court’s decision.

The judges also questioned why the school district initially expressed satisfaction with lower court’s ruling instead of filing an appeal.

Following the decision by Federal Court, the school district issued a statement saying it was “pleased” that it could get direction from the court on what the coach could and could not do.

According to an article in The Star-Ledger of New Jersey, the appeal was filed in August 2006 after the board realized it could have to pay legal fees amounting to more than $100,000.

Borden's attorney has urged the court to dismiss the case because there was no evidence that the coach promoted religion in kneeling and bowing his head with the team.

The federal appeals court did not indicate when it would issue a decision.