Coach awaits ruling on team prayers

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The issue of teachers and coaches praying — or appearing to pray — in front of students is being hashed out in one New Jersey high school, which is trying to ban its football coach from bowing his head and kneeling while his players pray before games.

The U.S. Court of Appeals for the 3rd Circuit heard arguments in the case earlier this month.

"All he wants to do is bow his head in the background," said John Whitehead, president of the Rutherford Institute, a group acting as co-counsel for coach Marcus Borden. "There's a mentality out there among school officials that if it even hints of religion, it's got to go."

While there are "clear guidelines" for student-initiated prayer in school that grant students at least "minimal" rights, teachers "are being told they really don't have religious freedom," Mr. Whitehead said.

The case stems from an October 2005 policy at East Brunswick High School prohibiting any school representative from participating in student-initiated prayer.

The high school's football players have been praying before games for more than 25 years, and the coach wants to continue to bow his head and kneel with them, according to the Rutherford Institute. School officials don't dispute that student athletes have the constitutionally protected right to pray, but they say coaches do not, because they are public employees, the institute said.

A U.S. District Court ruled in favor of the coach in July, but that was challenged by the school and the American Civil Liberties Union (ACLU).

Ed Barocas, legal director for the ACLU of New Jersey, said Mr. Borden has "initiated student prayer, he has encouraged student prayer, and he has participated in student prayer" — which has fostered a "destructive environment" for students of other faiths.

"That is precisely the tragic result that the First Amendment was intended to prevent," Mr. Barocas said.

Charles Haynes, senior scholar at the First Amendment Center, said it's a "very close case."

On one hand, a coach showing respect while students are praying should be acceptable, but kneeling with the students may give the appearance of endorsement of prayer by the school. It is settled law, Mr. Haynes said, that public school officials may not pray with students during the course of their official duties — but does the coach's action violate that standard, or is he simply showing respect?

In this case, Mr. Haynes said, the "gray area" is when a school can draw the line on teacher activity in the presence of students that appearsto be religious. Teachers may pray over their lunches in the presence of students, or bow their heads during a moment of prayer, he said, but the question for courts is whether a school can legally stop these practices if school officials think it endorses religion.

Mr. Haynes said he thinks Mr. Borden should simply leave the locker room or stand to the side while players pray.

Mr. Whitehead said he thinks the court will rule in favor of Mr. Borden. He noted that since the case is about a football tradition, many people think the school "went too far."

But he added that this case is one of many his organization is handling where religious freedom — particularly that of Christians — is being squelched in public schools.

One involves a lawsuit brought on behalf of a Nevada high school valedictorian who started to talk about her Christian faith in her speech, but was silenced by school officials.

Rutherford also is representing a Virginia high school teacher who posted information about a day of prayer on a bulletin board, along with other materials, but had the prayer material taken down.

A third case involves Seattle high school musicians who wanted to play 'Ave Maria' at graduation but were not allowed to do so. Rutherford lawyers sued on their behalf, but a federal court recently dismissed the case, ruling the school was within its legal rights.