Federal Court Rules in Favor of High School Football Coach's Right to Pray at Games.

[LionsDen]

Federal Court Rules in Favor of High School Football Coach's Right to Bow Head, Bend Knee During Team's Pre-Game Prayer
Rutherford Institute Commends Court for Affirming Coach’s Right to Participate in Team Prayers

NEWARK, N.J. – A federal judge has ruled in favor of East Brunswick High School football coach Marcus Borden’s First Amendment right to silently bow his head and/or “take a knee” while his players say their pre-game prayer. Attorneys for The Rutherford Institute had filed a friend of the court brief in support of Borden’s right to demonstrate his respect during team prayers.

“This is a great ruling, which I hope will have national implications,” said John W. Whitehead, president of The Rutherford Institute. “Every athletic department in the country is going to know about this case and, hopefully, every coach will want to emulate it. I think it’s very important that we protect the rights of coaches, especially to be part of team activities.”

The case arose after officials at East Brunswick High School passed a policy in October 2005 prohibiting representatives of the school district from participating in student-initiated prayer, effectively barring football coach Marcus Borden from bowing his head during team prayers. Borden, who also teaches Spanish and has held a post at East Brunswick High for 23 years, was ordered to stand still rather than bending a knee and bowing his head while his players recited pre-game prayers or face disciplinary action. The pre-game prayer has been a regular part of the football game since before Borden took over the team in 1983. School officials justified their actions by insisting that while student athletes have the constitutionally protected right to pray, that privilege does not extend to coaches, who are public employees and whose participation would violate the “separation of church and state.” However, in response to a lawsuit filed by Borden against the school district in federal district court in New Jersey, U.S. District Judge Dennis Cavanaugh declared that the school district violated Borden’s constitutional rights to free speech, freedom of association and academic freedom when they prohibited him from silently bowing his head and “taking a knee” with his players while they engaged in student-initiated, student-led, nonsectarian pre-game prayers. In filing a brief in support of Borden, Rutherford Institute attorneys stated that “the District’s attempt to forbid the small gestures of respect Borden desires to demonstrate to his football team is part of a trend nationally for school and other government officials to use the Establishment Clause as a justification for suppressing the liberty of individuals whenever matters of faith are involved.”

http://www.rutherford.org/articles_d...article_id=627

Bottom Line: Public officials and school teachers may honor God while on the public taxpayers payroll and at the public workplace. This is the same legal principle that allows us to celebrate a national day of prayer. Gov't may honor God and may accomodate those who pray or read the Bible etc. without violation of the constitution. In fact, it is a downright GOOD thing to do! And something the Founding Fathers did too.

[D. Scarlatti]

Whenever I listen to Coney Island Baby by Lou Reed, I sometimes contemplate the inherently homosexual nature of football and high school football coaches in particular. You can't help but wonder what's going through Coach Borden's depraved imagination when he asks his young, virile, shirtless charges to "take a knee."

Yes, there's boy-on-man fellatio in the air, and I join LionsDen in celebrating it for the greater glory of the Lord, and the Christian principles upon which this great Nation was founded.

[Dingfod]

What about all the butt-patting that goes on, let alone the groping between the legs the delicate (smaller than the average lineman) quarterback does on the big strong center? What about when the quarterback takes the snap, fades back into the pocket and looks for a hole or for one of his receivers?

[quiet bear]

Yet another frivolous clogging of the judicial system by over ligitious, over sensitive, over bearing people with nothing better to do but stick their nose into someone else's business.

If a person wants to pray, or simply show respect for those who are praying, then they shouldn't have to have it gothrough an entire court procedure to do it. Why can't people just mind their own business?

[D. Scarlatti]

Originally Posted by quiet bear

Yet another frivolous clogging of the judicial system by over ligitious, over sensitive, over bearing people with nothing better to do but stick their nose into someone else's business.

It was the Coach that sued. Is that who you meant?

If a person wants to pray, or simply show respect for those who are praying, then they shouldn't have to have it go through an entire court procedure to do it.

If they're government actors, they just might have to, on account of the Constitution.

Why can't people just mind their own business?

Which people are you talking about, in this case?

[quiet bear]

Originally Posted by D. Scarlatti

It was the Coach that sued. Is that who you meant?

Just anyone in general. There's too much picking of nits, taking up court time and wasting a lot of money.

Originally Posted by D. Scarlatti

If they're government actors, they just might have to, on account of the Constitution.

The way I see it, the game is over. His job of coach is over. He's not on the clock anymore, and should be permitted to simply be a person.

Originally Posted by D. Scarlatti

Which people are you talking about, in this case?

Again, just anyone in general who feels the need to stick their nose into other people's business. Like I said, if a person wants to pray, or show respect to the people who choose to, there shouldn't be a whole legal process to go through. If someone is offended by this coach's decision to kneel with his team, then leave. The game is over. It's none of their business what that coach does after the gun has sounded.

[D. Scarlatti]

But if someone is breaking the law, or if someone believes their civil liberties are being restricted on account of an unconstitutional law or policy (as was the case here), don't you think they should have access to the courts? Isn't that what the courts are for?

[quiet bear]

That's the point I was trying to make. Let's run to court!!! Every tiny little thing, take it to court. It's ridiculous. This coach wouldn't have to have gone to court to begin with if people, as I said, would just mind their own business. But no, they've got to be consumed with a coach who displays respect for his players.

Oh, no, can't have that, not on my tax dollar! I won't sit idly by while someone, who's salary I pay, kneels down with his players for 20-30 seconds!!! It's not what I'm paying for!!! I'm going to, yup, TAKE IT TO COURT!!!! That's my answer! For every thing!!

Puh-leeze. Small people.

[D. Scarlatti]

How can a school board "mind its own business" with respect to the policies it imposes on its employees?

And qb, once again, the coach took it to court.

I understand what you're saying, but it doesn't seem to apply to this case.

[quiet bear]

I undrstand that. What I'm saying is, he shouldn't have had to. The game is over. His job is done. He's not working, he's on his own personal time. What's the big deal?

[D. Scarlatti]

When a public high school football coach is coaching a public high school football game, I don't believe the game is over and he's on his own time. He didn't sue the school board for not allowing him to "take a knee" at home in his living room.

Surely the school board here wasn't restricting his activities "on his own time."

[quiet bear]

Well, it's simply a difference of opinion between us. I see yours, and understand it. I just see it differently. I think once the game is over, he's on his own time. You don't. Nothing wrong with that.

[Ari]

It's not uncommon for school boards to overreact to try and prevent any legal issues. In this case it would seem they went a bit too far, thus the Coach sued.

As usual Lions' source leaves out some information, such as the fact in the past the Coach has led the first prayer of the season and then chooses who leads the prayer for that season. That actions stopped after a previous court ruling (about a different school) however East Brunswick had received a couple complaints from parents and decided to take preemptive action because of the coaches history with prayer and the team.

Lions also gets his conclusion wrong (as usual), the plaintiff never argued that he could "honor God while on public taxpayers payroll" but that taking a knee doesn't always mean prayer and it's a gesture that has its own history. What goes through his head when he does this silent action is his own business, it may be a prayer, it may be play reviews.

It seemed the school board argued its case not because it thought it was certainly right but to get a court ruling to back up whatever decisions it made.

A transcript of the case,
http://thnt.com/assets/html/B535522726.HTM

[LadyShea]

Yep, school board overcorrected in my opinion. Coaches, teachers, students, hell anyone is able to pray, silently, they simply can't compel their players to pray or lead their players in a prayer.

[Freddy]

Originally Posted by LadyShea

Yep, school board overcorrected in my opinion. Coaches, teachers, students, hell anyone is able to pray, silently, they simply can't compel their players to pray or lead their players in a prayer.

The schoolboard was likely fearful of a lawsuit with the coach's past history. I agree that as long as the coach neither directs students to pray or leads the students in prayer he should be able to be a part of a voluntary student prayer.

[D. Scarlatti]

Originally Posted by quiet bear

I think once the game is over, he's on his own time. You don't.

Huh? I never said that. I think he's on his own time when he's on his own time; that is, not on school time.

[D. Scarlatti]

Originally Posted by Ari

It seemed the school board argued its case not because it thought it was certainly right but to get a court ruling to back up whatever decisions it made.

You're exactly right. If I recall correctly (this decision came down nearly a month ago) the defendants were every bit as pleased with the court's disposition as the plaintiff, for precisely the reason you stated.

[Ari]

The irony is, if it wasn't for all those god hating people (who are often christian, go figure) who have challenged religious activities in government, we wouldn't have a number of establishment clause tests. Without them this case could have been a lot harder as the judge would be dealing with new(er) territory. Instead he was able to apply the tests to the case and quickly come to a judgement. Thus without all those god-haters this supposed pro-god win might not have been possible.

[D. Scarlatti]

MR. RICCIO: Good morning, Your Honor. Ronald J. Riccio for the Plaintiff. Also with me is John Marino. Your Honor, Mr. Marino is a law student, and, with the Court's permission, he will be seated with me at counsel table.

THE COURT: Which law school?

MR. RICCIO: Seton Hall, Your Honor.

THE COURT: Do they have a law school?

(Laughter)

Everybody's a comedian, and loves to jerk law students* around (and rightly so).

* And law professors. Apparently Counsellor Riccio is a professor at and former Dean of Seton Hall Law School.

[Ari]

Ha. That explains that joke even more.

[LionsDen]

Originally Posted by LadyShea

Yep, school board overcorrected in my opinion. Coaches, teachers, students, ****l anyone is able to pray, silently, they simply can't compel their players to pray or lead their players in a prayer.

Anyone is able to pray publicly and alound too, not just silently.

And your profanity is not appreciated.

The gov't erred in this case by imagining a mythical separation of church and state that the coach supposedly violated.

Gov't employees may participate in student-led, student-initiated prayers and worship. We won a similar case in another district affirming the religious rights of teachers to discuss and even proselytize students -- yes! -- after school hours but on school property. The federal court ruled rightly that students are quite capable of discerning the difference between religious beliefs of the teacher and official positions of the school. Well ruled!

Let us celebrate!

[Dingfod]

"hell" isn't a profanity, it's in the bible. Do you edit that out of the bible too?

[LionsDen]

Originally Posted by Freddy

The schoolboard was likely fearful of a lawsuit with the coach's past history. I agree that as long as the coach neither directs students to pray or leads the students in prayer he should be able to be a part of a voluntary student prayer.

Exactly! This is not what the ACLU wanted to hear, but it is the American way. Works for me! Thank you, sir.

And incidently this wouldn't have happened had the coach depended upon the ACLU alone for civil rights defense. The fine non-profit, civil liberty law firms listed below have been winning cases like these for decades... much to displeasure of the ACLU and ACLU-lite.

[Dingfod]

What the hell is "ACLU-lite"?

[Ari]

Lions: Provide a press release from the ACLU saying they disliked the ruling in this case. Since I assume a good christian like yourself would never make up claims about a group that wasn't true.

Since you never listen I will repeat again, the plaintiff didn't actually argue any religious motivations, on the contrary it was argued that 'taking a knee' was also a non-religious gesture.


Ding: Low Calorie, zero carb ACLU.