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Kennedy v. Bremerton School District, 597 U.S. 507 (2022), is a landmark decision [1] by the United States Supreme Court in which the Court held, 6–3, that the government, while following the Establishment Clause, may not suppress an individual from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment.
I've reviewed the various opinions the Court issued in American Legion, and my confidence in my previous comment--and Sotomayor's characterization of the state of play of Lemon prior to Kennedy--is bolstered. it looks like a strong case for saying the Court stopped shy in American Legion of overruling Lemon (which therefore makes Kennedy the ...
Kennedy v. Bremerton School District, 869 F.3d 813 (9th Cir. 2017). Writing on behalf of an undivided panel, Smith held that a high school football coach spoke as a public employee when he would kneel and pray on the 50-yard line immediately after games, in full school apparel, while in view of students and parents.
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The evaluation advised against rehiring Kennedy on the grounds that he "failed to follow district policy" regarding religious expression and "failed to supervise student-athletes after games." [2] Kennedy sued the district in federal court, alleging that the district's actions violated the First Amendment’s Free Speech and Free Exercise ...