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United States Supreme Court, Kennedy v. Bremerton School District, 597 U.S.___(2022), 27 June 2022

Date
27/06/2022
Type Judgment
Case number 597 U.S.___(2022)

Abstract

Missed renewal of an employment contract and free excercise of religion at school. Prayers delivered by a coach on a football field.

Normative references

United States Constitution, First Amendment

Ruling

1) To find whether there is a First Amendment violation, an analysis focusing on original intent and history has long been the rule rather than the exception, in the Court's Establishment Clause jurisprudence (the Court, therefore, moves away from the so-called Lemon test).

2) The U.S. Constitution (First Amendment) does not, on the one hand, mandate, and does not, on the other hand, allow a public school to prevent the exercise of religious freedom in a short, quiet, personal prayer.

3) A coach's conduct consisting of praying in the middle of the football field is protected by both the free exercise and free speech clauses of the First Amendment.