PATHETIC: High school RETALIATES after coach wins Supreme Court battle over 1st Amendment
A former Washington state coach and veteran who served 20 years in the U.S. Marine Corps, Joe Kennedy, is no stranger to religious discrimination.
As the clock ran down at the end of his team’s homecoming game back in 2015, Kennedy took a knee to pray. As he did so and spectators stormed the field, his team gathered around him and got to their knees as well.
For many, it was a beautiful moment. But rather than congratulations to the coach on a job well done, he was fired.
Six years later, Kennedy took his case to the U.S. Supreme Court, where he argued that the Bremerton School District violated his First Amendment rights.
He won the case, and the school re-hired him.
However, it hasn’t been without punishment, and he has now retired.
Coach Kennedy and his attorney Michael Berry of the First Liberty Institute joined Glenn Beck to discuss Kennedy’s story and why he chose to retire instead of waiting to get fired again.
Berry explains that Kennedy is “probably too humble to admit” that even though they pulled off a historic Supreme Court victory as well as a court order directing Bremerton School District that it cannot retaliate against him in any way, the district did so anyway.
According to Berry, administrators refused to issue Kennedy a coach’s locker, wouldn’t issue him a coach’s shirt like all the other coaches received, wouldn’t list him on the athletic department website, and refused to list him on the coaching roster for the game.
They also refused to issue him a play card before the game.
“They ostracized him, they made him out to be a pariah. They wouldn’t even let him participate in the traditional pregame meal with, you know, the opposing team coaches,” Berry continues.
“We’re still investigating,” Berry says, adding that “they may even have directed the players to stay away from him during the game and not have anything to do with him. So, really poisoning the well, you know.”
While Kennedy tells Glenn that he was expecting the retaliation, Glenn is shocked that the school did retaliate, considering that it’s against the law.
First Liberty Institute is investigating to see if administrators were retaliating, and if so, the organization is prepared to do what it can to fight for Kennedy again.
“We’re prepared to do what we need to do, you know, if we need to suit up again with Coach,” Berry tells Glenn.
Berry explains that as a Marine himself, he always has Kennedy’s back, adding that Marines “don’t fight alone.”
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Supreme Court poised to side with Christian football coach fired for praying after games
A former Washington state high school football coach who was fired for praying after games may finally be on track for a ruling in his favor after years of setbacks in the legal system.
Joseph Kennedy’s religious liberty case, Kennedy v. Bremerton School District, was heard on Monday by the Supreme Court, and based on the justices' lines of questioning, it appears the conservative-leaning court was sympathetic to his cause.
The Washington Post reported that the questions raised by the court’s conservatives "indicated they believe the school district has misread the court’s precedents regarding government endorsement of religion, and perhaps were hostile to such demonstrations."
For example, Justice Clarence Thomas questioned whether Kennedy would have been terminated or otherwise punished had he taken a knee during the singing of the national anthem in protest against racism.
Justice Samuel Alito piggybacked on of Thomas' question, asking what the school district's reaction would be if Kennedy had walked out to the center of the field after a game and waved the Ukrainian flag.
Justice Brett Kavanaugh pushed back on the school district's characterization of Kennedy as an attention-seeker who was using his position of authority to coerce students into praying along with him. Kavanaugh suggested that it would be difficult for a coach to do anything discreetly during a game and noted that Kennedy's postgame prayers were not required activities.
He also wondered how far a rule against government speech should be taken, asking, "Could a school fire the coach for the sign of the cross right before the game?"
In general, the conservative justices seemed to be interested in deciphering what exactly the school district determined to be official government speech and what kind of reaction they would have to different types of government speech.
In response, the district's attorney, Richard Katskee, said the school could in fact punish a coach for engaging in those types of actions since it "doesn’t want its event taken over for political speech."
But Alito shot back, saying, "Where is the school district rule that says that?"
The justice also went on to express some level of doubt regarding the notion that the district would have reacted in a similar fashion to those circumstances.
For years, Kennedy, a Christian and 20-year Marine veteran, has claimed that his First Amendment were violated when Bremerton School District ordered him to stop praying at the 50-yard line after games in 2015 and summarily fired him when he refused to stop.
But in subsequent court cases, the school district has defended its decision by arguing the coach was not exercising his religion in private.
The court's three liberal justices appeared sympathetic to this line of thinking and, generally, were concerned to protect the school district's authority to prohibit coercive practices. But their votes may not be enough, if most or all of the conservative justices side with Kennedy.
However, a case involving school prayer always presents a difficult balancing act, the Washington Free Beacon noted, and a narrow decision is perhaps to be expected.
The Supreme Court is set to issue a ruling on the case sometime this summer.
Supreme Court to hear case of HS football coach fired for praying after games
The Supreme Court has agreed to hear arguments in a case involving Joe Kennedy, a former Washington state high school football coach who was fired for praying after games, his lawyers announced last week.
What are the details?
“No teacher or coach should lose their job for simply expressing their faith while in public,” said Kelly Shackelford, President and CEO of First Liberty, the law firm representing Kennedy, in a press release. “By taking this important case, the Supreme Court can protect the right of every American to engage in private religious expression, including praying in public, without fear of punishment."
First Liberty added that by agreeing to take the case, the Supreme Court has "an opportunity to protect the right of every American to live out their faith, including praying in public, without the fear of punishment."
BREAKING! SCOTUS announced it will hear Coach Kennedy\u2019s case. This is the final play of a long legal battle. He was fired for silently praying on the football field. A victory could impact all government employees and also change the way courts consider religious freedom.pic.twitter.com/kYgl5SZ7pS— First Liberty Institute (@First Liberty Institute) 1642203541
Kennedy, too, expressed optimism about his chances before the nation's top court, saying, “Six years away from the football field has been far too long. I am extremely grateful that the Supreme Court is going to hear my case and pray that I will soon be able to be back on the field coaching the game and players I love.”
What's the background?
Bremerton School District's decision in 2015 to fire Joe Kennedy — a Christian and 20-year Marine veteran who served as a high school assistant football coach in the district — drew national headlines and enraged religious liberty advocates.
Kennedy, who started coaching in 2008, exercised his faith by silently offering a brief prayer to God at midfield immediately after football games. According to his lawyers, Kennedy would simply drop to one knee and "offer a silent or quiet prayer of thanksgiving for player safety, sportsmanship, and spirited competition."
The tradition went on for years without any complaints and, in fact, was embraced by members of the community and players, who often joined him. Then suddenly, in 2015, the school district ordered Kennedy to stop, arguing his practice violated the Establishment Clause of the U.S. Constitution. When he refused, the district terminated him.
Kennedy promptly filed lawsuits, claiming that his rights of free expression and religious liberty had been violated, but lower courts consistently ruled against him.
In 2017, the 9th Circuit Court of Appeals ruled that Kennedy "took advantage of his position" as a public employee. Then last year, the 9th Circuit Court again rejected his arguments, this time going so far as to conclude that since his attempts to challenge the district drew "national attention" they thus "showed that he was not engaging in private prayer" but "in public speech of an overtly religious nature while performing his job duties."
In 2019, the Supreme Court declined to take up Kennedy's appeal, though four conservative justices on the court remarked that lower court rulings against the coach were troubling. Now, with a bolstered conservative majority on the court, Kennedy has been afforded an opportunity to plead his case.
The court is expected to hear oral arguments in Kennedy v. Bremerton School District sometime in the spring.
Anything else?
This time around, First Liberty argued that Kennedy's case involves more than just a high school football coach's ability to express his religious views. Rather, it has far more wide-ranging implications for "practically everything public school teachers [do] or say during school hours or after-school hours."
If the district's termination of Kennedy is allowed to stand, it could effectively turn every form of speech into "government speech that the school may prohibit," lawyers claimed.
In an op-ed published by Fox News last year, Kennedy defended his ongoing legal fight, saying, "There are days when I want to give up and move on with my life. There are days when I don't think I can keep fighting this fight. But that's when I remember the hundreds of times I told my players not quit no matter the challenge!"
"I also think of the thousands of other public school coaches and teachers whose inalienable right to freely exercise their faith in public is at risk if the court decisions against me are allowed to stand," he added.
Coach Joe Kennedy Behind the Scenes Special | First Liberty Live! youtu.be
Federal court rules against coach fired for praying after football games
The 9th Circuit Court of Appeals has once again ruled against Joe Kennedy, a former high school football coach in Bremerton, Washington, who was fired for praying after games.
In the decision issued Thursday, a three-judge panel determined that Bremerton School District did not violate Kennedy's First Amendment rights in terminating him since, it ruled, Kennedy was not exercising his religion in private.
"Kennedy's attempts to draw nationwide attention to his challenge to the District showed that he was not engaging in private prayer. Instead, he was engaging in public speech of an overtly religious nature while performing his job duties," Judge Milan D. Smith Jr. wrote in the opinion.
"The District tried to accommodate Kennedy, but that was spurned by Kennedy insisting that he be allowed to pray immediately after the conclusion of each game, potentially surrounded by students. The panel held that the district court correctly granted summary judgment to the District on Kennedy's free speech and free exercise claims," Smith added.
Kennedy, a Christian and 20-year Marine veteran, had exercised his faith by praying at the 50-yard-line after football games for years, and in 2008, players began to join him. But in 2015, the district ordered him to stop, arguing the practice violated the Establishment Clause of the U.S. Constitution. When Kennedy refused, the district terminated him.
Thursday's ruling was not the first time the 9th Circuit heard Kennedy's case. In 2017, the court also ruled against the coach, arguing that he "took advantage of his position" as a public employee and was not entitled to receive his job back. In 2019, the Supreme Court declined to hear the case, however, four conservative justices on the court expressed interest, only saying more information was needed.
On Thursday, attorneys representing Kennedy derided the court's ruling in a statement and vowed further appeal to the Supreme Court.
"Banning coaches from praying just because they can be seen is wrong and contradicts the Constitution," Mike Berry, First Liberty Institute's general counsel, said. "Today's opinion threatens the rights of millions of Americans who simply want to be able to freely exercise their faith without fear of losing their job. We plan to appeal, and we hope the Supreme Court will right this wrong. This fight is far from over."
In an op-ed published by Fox News on Thursday, Kennedy defended his continued legal fight, saying, "There are days when I want to give up and move on with my life. There are days when I don't think I can keep fighting this fight. But that's when I remember the hundreds of times I told my players not quit no matter the challenge!"
"I also think of the thousands of other public school coaches and teachers whose inalienable right to freely exercise their faith in public is at risk if the court decisions against me are allowed to stand," he added. "I'll keep fighting, all the way back to the Supreme Court if necessary. In time, I'm confident I will be able to return to the field, and that the First Amendment rights of coaches and teachers will be restored."
Coach Joe Kennedy Behind the Scenes Special | First Liberty Live! youtu.be
Outgoing Democratic Rep. Joe Kennedy says America is plagued by greed in farewell speech to House
Massachusetts Democratic Rep. Joe Kennedy III delivered what the Hill called "bittersweet remarks" in his final address to the House of Representatives on Wednesday, telling the lower chamber that while he was "proud and hopeful" of what could be accomplished after his departure, America is a nation plagued by greed.
What are the details?
Kennedy, 40, served four terms in Congress, and instead of running for re-election to the House in 2020, he made a failed attempt to challenge fellow Massachusetts Democrat Sen. Ed Markey for his seat. Markey, 74, beat Kennedy by 10 points.
In his farewell speech, Kennedy began by calling his service to his district "an honor" before extending his gratitude to his wife, several fellow members, constituents, and aides.
The Democrat said that he leaves the House "proud and hopeful," while calling the U.S. a "complicated and messy country."
"We violated our founding promises before the ink was dry," Kennedy asserted, saying, "We boldly declared 'we the people' and promptly defined 'we' as rich, white, Protestant male." He continued, "We staked out moral high ground of life, liberty, and the pursuit of happiness and paid for it with human bondage, abuse, and suffering that we carry to this day."
Kennedy went on to voice encouragement that progress has been made, before pointing to "the great lie of our times: that the American pie is finite. That for my family to survive, yours must suffer. That the richest nation on Earth is somehow plagued by scarcity, rather than greed."
Rep. Joe Kennedy gives bittersweet farewell speech on House floor www.youtube.com
The New York Times reported that with Kennedy's departure, "2021 will be the rare year since 1946" that a member of his famous family will not have a seat in Congress.
The Associated Press noted:
Kennedy is the grandson of Sen. Robert F. Kennedy, D-N.Y., who was assassinated in 1968. A member of that Kennedy family has been in Congress with little interruption since Robert Kennedy's brother, the future President John F. Kennedy, entered the House from Massachusetts in 1947.
The Democrat did not hint at what his plans are for the future during his farewell address, besides promising his children that he has "breakfast, bath, school drop-off duty for the next 15 years or so."
According to the Boston Herald, Kennedy said he has been in talks for a possible post in the Biden administration.
The outlet further reported:
Kennedy's also been floated as a top contender for a special Senate election in the increasingly unlikely chance U.S. Sen. Elizabeth Warren gets tapped for a position in President-elect Joe Biden's administration. But his spokeswoman, Emily Kaufman, recently told the Herald, "Joe does not plan to run for Senate next year if a seat opens up."
Democrats threaten retaliation if Trump fills SCOTUS vacancy, promise to expand, pack court with liberals
Democrats are threatening to expand the Supreme Court and pack it with liberal justices if the Republican Party moved forward with filling the Supreme Court vacancy left by Ruth Bader Ginsburg's death.
The process, known as "court-packing," could forever alter the shape of the Supreme Court. The move, although not likely politically advantageous in the long run, is not actually constitutionally prohibited. Congress, not the Constitution, dictates the number of justices who sit on the Supreme Court.
President Franklin Delano Roosevelt attempted to pack the court in 1937 to obtain favorable outcomes after parts of the New Deal were ruled unconstitutional. His effort ultimately failed.
What are Democrats saying?
Sen. Ed Markey (D-Mass.) said, "Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court."
Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year. If he violates it, when D… https://t.co/IN5oZ4rMON— Ed Markey (@Ed Markey)1600477200.0
Rep. Joe Kennedy (D-Mass.) said, "If he holds a vote in 2020, we pack the court in 2021. It's that simple."
If he holds a vote in 2020, we pack the court in 2021. It’s that simple.— Rep. Joe Kennedy III (@Rep. Joe Kennedy III)1600519213.0
Markos Moulitsas, founder of multiple left-wing news websites, said, "If Republicans refuse to follow their own McConnell Rule, about confirming a justice in a presidential election year, then Democrats should, with zero ambiguity, promise to expand the court if they win this November. Expand it to 15."
Moulitsas added, "This is the equation: Wait until next year to fill RGB's seat, and conservatives maintain a 5-4 advantage. Replace her with a conservative this year, and it's 6-3 for a short time, but Dems increase court size by at least four, and it's a 7-6 liberal court."
This is the equation: Wait until next year to fill RGB’s seat, and conservatives maintain a 5-4 advantage. Replace… https://t.co/HeINJFRvFc— Markos Moulitsas (@Markos Moulitsas)1600475294.0
John Dean, who served as White House counsel for Richard Nixon, said court-packing should not be limited to the Supreme Court. He urged Democrats to expand the lower federal courts and pack them with liberal justices, too.
"@JoeBiden must announce that if the GOP rushes to pack the Court, the Dems will expand the SCOTUS to 11 justices, and expand the lower federal courts by 70 to 100 new judgeships, which have long been needed. In short, he will depoliticize the federal judiciary!" he said.
Indeed, Senate Minority Leader Chuck Schumer told Democrats on a conference call Saturday that "nothing is off the table next year" if Republicans move to fill the Supreme Court vacancy.
However, contrary to claims made by Markey and Moulitsas, the "precedent" that Senate Majority Leader Mitch McConnell followed in 2016 — when he blocked then-President Barack Obama's nominee to fill a vacancy left by Antonin Scalia's sudden death — was that Supreme Court confirmations should wait until after an election when different political parties control the Senate and the White House.
At the time, Republicans controlled the Senate and Democrats controlled the White House. Now, the Republican Party controls both.
McConnell has already said Trump's nominee will receive a vote before Election Day.
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