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Dear John,
After defending Coach Kennedy for more than six years, I have some truly incredible news to tell you.
This week, First Liberty, along with Kirkland & Ellis LLP, filed a petition asking the U.S. Supreme Court to hear Coach Kennedy’s case. Earlier this year the Ninth Circuit said Bremerton School District was right to fire Coach Joe because fans and students could see him take a knee in a brief, quiet prayer after football games. We’re asking the Supreme Court to overturn that decision.
No American should be forced to choose
between their faith and the job they love!
As a loyal First Liberty supporter, you—and the tens of thousands who have supported Coach's case through your prayers and gifts—should have every reason to be hopeful right now. Let me explain why.
In its expected denial earlier this year, the Ninth Circuit not only doubled down on its “troubling” government-speech holding but reached the stunning conclusion that the school district had a constitutional duty to prohibit Kennedy’s prayer. They argued that even if he offered it as a private citizen, he would have violated the Establishment Clause.
Adding insult to constitutional injury, the Ninth Circuit created the ultimate chilling effect by making clear that, in its view, Kennedy had no one to blame but himself for the loss of his First Amendment rights. Why? Because he purportedly sought to vindicate them in too “pugilistic” a fashion. In other words, he dared to fight back by taking legal action to protect his freedoms.
That’s when one Circuit judge gave what we’re calling his “Sermon on the Ninth.” Writing the Ninth Circuit’s official opinion, he went so far as to criticize the way Coach Kennedy prayed, rebuking him for “flouting the instructions found in the Sermon on the Mount on the appropriate way to pray.”
The Ninth’s opinion threatens the rights of millions who want
to be free to exercise their faith without fear of losing their job!
No judge in America has the authority or capacity to regulate “appropriate” theology. And none of the Ninth’s arguments are remotely compatible with any sensible balance between private religious expression and public schools…or with the free-speech and free-exercise principles upon which our nation is built.
Let’s also not forget that four Supreme Court justices already signaled they would be willing to hear Coach’s case. Justice Alito joined by Justices Thomas, Gorsuch, and Kavanaugh attached a statement stating “The Ninth Circuit’s understanding of the free speech rights of public-school teachers is troubling and may justify review in the future.”
Put simply, we believe now is the perfect time for the Supreme Court to finally review Coach Kennedy’s case. And when they do, they could overturn the Employment v Smith decision, one of the biggest legal precedents that has been ruinous to religious liberty over the past 30 years. Essentially, by winning Coach Kennedy’s case, we can ensure that NO American will have to fear losing their job because of their faith.
The Ninth Circuit’s ruling ignores the bedrock principle that teachers do not shed their constitutional rights to freedom of speech and expression at the schoolhouse gate.
In fact, a win for Coach Kennedy’s case could have just as big an impact as our 2019 Supreme Court victory for the Bladensburg Peace Cross, which over-turned another horrible legal precedent called the Lemon Test.
Clearly, the stakes couldn’t be higher for religious liberty. In fact, let’s call them what they are: historic. And I pray that YOU will continue to be a part of it!
We know Joe’s a fighter, and we hope you keep fighting for him, too. Would you please consider giving to First Liberty to refuel the resources we need to take Coach Kennedy’s case over the goal line?
Your generous financial gift will help protect the rights of millions of Americans who simply want to freely exercise their faith without fear of losing their job.
Let’s go All-In together like never before!
God bless,
Kelly
Kelly Shackelford
President, CEO & Chief Counsel
First Liberty Institute
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