After Kennedy vs. Bremerton School Dist: Managing Religious Diversity in the Public School Workplace

Abstract

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach, the U.S. Supreme Court significantly narrowed the use of the Establishment Clause of the Constitution to limit workplace religious activities of public-school teachers, school administrators, and other school district employes. The article argues that the decision will force school districts across the country to reassess their policies regarding the workplace religious activities of their employes including teachers. The article examines how the decision will impact school districts’ regulation of workplace prayers by public school teachers and several types of symbolic religious speech. Finally, the article argues that school districts may need to update their policies and practices governing the workplace religious activities of their employes including teachers.