100% (1)
Pages:
4 pages/≈1100 words
Sources:
4
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 17.28
Topic:

Bremerton Case

Essay Instructions:
Description You recently accepted a position at a law firm that represents the local school district. The school district has asked your firm’s advice about one of its coach’s activities on the basketball court. Apparently, after the games, the coach walks to center court, looks up to the ceiling, and recites a prayer of thanks to God that the game was completed without anyone being seriously injured. Initially, the coach said the prayer on his own, but after some of the players realized what he was doing, they joined him at center court, as did some of the parents and even some of the opposing team members and coaches. The superintendent feels as if this is getting out of hand and would like to put a stop to it before they are sued by a parent who could be offended. As it happens, the U.S. Supreme Court recently issued an opinion that squarely applies to this situation. Read Kennedy v. Bremerton School District, and review the following supplemental materials: Rachel Laser Discusses Kennedy v. Bremerton School District (Against Prayer on the football field) A Win for Liberty (In favor of Prayer on the football field) Answer the following questions in 2–4 pages: Discuss the basic facts of the Bremerton case. Discuss the U.S. Supreme Court’s holding and reasoning in the Bremerton case. According to the Bremerton case, are the basketball coach’s actions constitutional or do they violate either the Establishment Clause or the Religion Clause of the First Amendment? Does the Freedom of Speech Clause apply to the basketball coach's case, and if so, does it help or hurt the basketball coach’s position? If you were ruling in the Bremerton case (and were not bound by the doctrine of stare decisis), would you agree with the Justice Gorsuch's opinion, either concurring opinion, or Justice Sotomayor's opinion? Explain your response in detail. APA Formatting of Possible References and In-text Citations Because you are discussing the Kennedy v. Bremerton School District case, please make sure that you use the Bremerton case citation as one of your references and in-text citations, which are listed in bold below. (All references are double-spaced, in alphabetical order, and include a hanging indent.) References Audotorg. (2022, June 28). Rachel Laser Discusses Kennedy v. Bremerton School District in Newsy Tonight with Chance Seales [Video]. YouTube. https://www(dot)youtube(dot)com/watch?v=wdjqwcWb6R4 Kennedy v. Bremerton School District, 597 U.S. ____ (2022). https://supreme(dot)justia(dot)com/cases/federal/us/597/21-418/#tab-opinion-4601251 Mountain States Legal Foundation. (2022, June 28). SCOTUS Watch: Kennedy v. Bremerton School District [Video]. YouTube. https://www(dot)youtube(dot)com/watch?v=R1297IRqSFU&t=5s In-text citations for above references: (Audotorg, 2022). (Kennedy v. Bremerton School District, 2022). (Mountain States Legal Foundation, 2022).
Essay Sample Content Preview:
Bremerton Case Your Name Subject and section Professor’s Name October 8, 2024 In the case of Kennedy v. Bremerton School District concerning freemen and liberties of religion, the question raised by the was tremendously constitutional. The recent case of a basketball coach's prayer on mid-court after a match is similar to the legal issues raised in Kennedy. When counseling the sound legal opinion to the school district, it is crucial to employ the reasoning that Kennedy used while also considering the overall legal knowledge regarding certain preoccupations such as religious persecution and new judicial trends. In this paper, I will analyze the details of the Kennedy case and draw a correlation between the facts of the Kennedy case and the basketball coach's scenario; the personal perspective of the paper's author will be presented, as well as other related issues mentioned in other articles. Facts of Kennedy v. Bremerton School District A high school football coach, Joseph Kennedy, started taking prayer formations on the 50-yard line after his teams' games. At first, the lad whispered these prayers to himself, and then the other teams' students, learners, parents, and players started doing the same. The prayers became very public and visible, and the Bremerton School District began to worry that this religious practice in public, accompanied by a school employee, would violate the Establishment Clause (Audotorg, 2022). When the school did not cease the practice, the school suspended Kennedy on an administrative basis, and Kennedy filed an action for an alleged infringement of his First Amendment rights to the Free Exercise Clause and Freedom of Speech. Ultimately, the U.S. Supreme Court supported the decision in Kennedy's favor and stated that the school district crossed the essence of his constitutional rights (Kennedy v. Bremerton School District, 2022). The Supreme Court’s Holding and Reasoning in Kennedy The Supreme Court upheld the decision in Kennedy's favor, saying that the services' post-game prayers had been protected by the Free Exercise and Free Speech Clauses of the First Amendment by a 6-3 vote. The majority opinion that Justice Neil Gorsuch wrote a devotion to concentrated on the fact that Kennedy prayed after the games and thus after his official duties were fulfilled. The Court dismissed the idea that what Kennedy did meant the government was endorsing religion, adding that he was praying for himself and not for the institution. The Court also discarded the Lemon Test used for analyzing Establishment Clause cases and considered a history of the exercise of religion instead. Broader Insights on Religious Coercion and Public Prayer Thus, in one article written by Millhiser (2022), he noted the Supreme Court's "praying coach" case and explained that instilling the historical perspective of religious coercion in schools is necessary. The author Millhiser is correct; From the perspective of the Kennedy case, it is almost six decades of receiving legal alarm over public schools leading the students to pray. These concerns go as far as the Engel vs Lebanese civil war case. When the Supreme Court declared for the first time that the government could not sponsor or support a particular kind of religious exercise in school (Audotorg, 2022). These points are critical, as Millhiser explain...
Updated on
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:
Sign In
Not register? Register Now!