The Court further declared in its opinion that Kennedy "took advantage of his position to press his particular views upon the impressionable and captive minds before him...[He] was sending a message about what he values as a coach, what the District considers appropriate behavior, and what students should believe, or how they ought to behave."
The 9th Circuit panel noted that Kennedy was not only a teacher, but a "role model and moral exemplar." Yet the Court's decision states in effect that Kennedy can not function as a model of character if he is wearing attire with a school district logo at a school event on school
property where students and parents would observe his moral example.
Coach Kennedy says his primary goal as a coach has always been the same. "We are building our kids up and sending the right message about what the sport is really all about, which is making better men out of them. We believe in the game, we believe in competition, and we can come into the game as rivals and leave as brothers."
The First Liberty Institute represented Coach Kennedy in his lawsuit against the school district. First Liberty attorney Jeremy Dys says that the appeals court decision will have a chilling impact on a common culture in the
sport of football where many coaches and players emphasize their identity as Christian athletes.
"The 9th Circuit believes they can ban all coaches from praying individually in public just because they can be seen," Dys said. "Now all coaches across the country stand under the prospects of being prevented from engaging in any outward display of religion, including using the sign of the cross or bowing your head in prayer. This is not the America contemplated by our Constitution."
Attorneys for First Liberty say they are reviewing the opinion and evaluating their legal options. Coach Kennedy and his lawyers could seek a rehearing of the
case before all the judges of the Ninth Circuit Court of Appeals, or appeal the case directly to the U.S. Supreme Court.
You can read more about Coach Kennedy's case, send a message of support to him, or donate to his legal defense by using this link:
Coach Joe Kennedy
You can visit the "Support Coach Kennedy" Facebook page by clicking this link:
Coach Kennedy Facebook