'By issuing informal guidance, and not proceeding with the formal rulemaking process that would give the public a chance to weigh in, the president is seeking to change the behavior of all federally funded schools...' -Sarah Parshall Perry & Amelia Gradick
involved a high school football coach who knelt in brief, private prayer at the 50-yard-line after games. Of their own free will, players began to join him in this private expression of his faith.
Writing for the majority, Justice Neil Gorsuch explained that a brief silent prayer, regardless of who observes it or agrees with it,the government’s endorsement of his religion. While kneeling at the 50-yard line, coach Joe Kennedy was acting in the capacity of a private citizen freely speaking and exercising his religion.
Gorsuch explained that there is no tension between the First Amendment’s Free Exercise and Establishment clauses, and that any tension between them had only arisen from the court’s outdated Establishment Clause precedent,the Supreme Court held that government action must pass a three-pronged test in order to avoid violating the Establishment Clause: The statute must have a secular purpose; the primary effect of the statute must not promote or inhibit religion; and the statute must not foster...
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