Dear  John,

“We have to stand and fight for our faith.”

Those were Coach Joe Kennedy’s words on Fox & Friends earlier this morning, as he and our Executive General Counsel Hiram Sasser announced First Liberty’s plans to take Coach’s case to the Supreme Court.

Finally, the goal line is within sight—and I believe there’s good reason for us to be confident about moving his case forward.

I’ll unpack this further in a moment. But first, I want you to watch this morning’s newsclip so you can hear Joe’s heart for yourself:

This week, as we expected, the U.S. Circuit Court of Appeals for the Ninth Circuit declined our appeal and refused to re-hear Coach Kennedy’s case before the full panel of judges.

Why am I so encouraged by the Ninth Circuit’s denial?

For two main reasons:

1. Many of the judges—even on the historically ultra-liberal Ninth Circuit—actually wanted to take Coach Kennedy’s case. In their dissenting opinions, they beautifully lay out how the facts of the case and the law are in Coach’s favor, which I believe provide more than ample justification for the Supreme Court to take Coach’s case.

2. The Ninth Circuit’s opinion shockingly rebuked Coach Kennedy's theology, using the judge's own personal interpretation of scripture. This is HIGHLY inappropriate, and is in fact the exact type of conduct that the Supreme Court used to declare a violation of Free Exercise rights in Jack Phillips’ Masterpiece Cakeshop victory.

Not to mention, the organization now representing the Bremerton School District against Coach Kennedy is named Americans United for Separation of Church and State, a group led by many avowed secular humanists who seek to push religious expression out of the public square.

This is a crucial case that we absolutely MUST WIN to preserve the rights of Coach Joe and every person of faith in America.

And now, after more than five years of fighting for Coach, First Liberty is in a prime position to put our winning game plan into motion.

What’s more, there’s the possibility that Coach Kennedy’s case could be a historic, landmark win for religious liberty, as it presents a rare opportunity for the Court to rectify and overturn a precedent that has for decades made “free exercise” claims nearly impossible to win.

I firmly believe that Coach Kennedy’s case will be that victory…that this case will be the one to reclaim the Free Exercise Clause of the First Amendment and help ensure millions of Americans no longer have to choose between their jobs and their religious beliefs.

Please stand with Coach Kennedy as we prepare to take his case to the Supreme Court. Your generous financial support makes all the difference.

Gratefully,

Kelly

Kelly Shackelford
President, CEO & Chief Counsel
First Liberty Institute

P.S. I’ll be on First Liberty Live! this Thursday with Stuart Shepard to dive even deeper into my analysis of the Ninth Circuit’s denial, and further unpack why I think it so perfectly tees up Kennedy’s case for the Supreme Court. Click here to make sure you don’t miss this special episode!