The US Supreme Court has refused to hear an appeal against a ruling that upheld the ban on a football coach from joining pre-game prayers by students.
The logic seems to be that while pre-game prayers by students are their business, the coach can’t join it, making it official. For that militates against the principle of separating the church from the state.
The justices without comment on Monday refused to take up the appeal of Marcus Borden.
At issue was a school district policy that banned coaches or adults from participating in prayers initiated and conducted by students.
Borden sued officials in East Brunswick, New Jersey, after they ordered him to stop bowing his head and "taking a knee" as a sign of respect while his players prayed in the locker room before games. He said such gestures were secular in nature, but the school said that as a municipal employee, Borden's actions could be seen as government endorsement of religion, potentially subjecting the school to lawsuits or sanctions.
The school district said the coach had a long history of leading such prayers, even after complaints from several parents. Officials in their appeal said Borden even arranged a chaplain for team dinners.
He had been coach of the East Brunswick Bears since 1983 but quit more than three years ago after refusing to comply with the school directive.
A federal appeals court agreed the state policy was constitutional and that the school board had the authority to ban school employees from participating in prayer activities.