On June 27, The Supreme Court of the United States (SCOTUS) made another landmark ruling, similar in nature to Roe v. Wade decision just days prior, in the Kennedy v. Bremerton School District case, which further strengthened not only state sovereignty – but also cemented every American’s unalienable right to practice their sincere faith how they see fit.

Petitioner Joseph Kennedy, a former high school football coach who was fired from Bremerton School District for praying at the 50-yard line on his own during a school football game was at the center of this case – the issue was when students voluntarily, without direction nor coercion joined their coach. On April 25, Kennedy argued the termination of his employment violated the First Amendment’s Free Speech and Free Exercise of Religion clauses.

During a discovery phase of the lower court’s judicial proceedings, it was discovered the district unfairly terminated his employment for the “sole reason” that it perceived a “risk of Constitutional liability” under the Establishment Clause for his “religious conduct” after three games in October 2015 in which Kennedy kneeled to pray by himself, until students joined.

Ultimately, SCOTUS held: “The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression.”

The successful arguments Kennedy presented were: the district’s conduct violated both his Free Exercise and Free Speech Clauses of the First Amendment and where the Free Exercise Clause protects religious exercises, the Free Speech Clause provides overlapping protection for expressive religious activities; his Free Exercise of Religion and Free Speech must both be sincere practices of his outward and inward faith; he demonstrated that his sincere practice was Constitutionally violated and did not infringe upon another’s same right nor involved coercion, instruction or asked by leading in the exercise of his sincere faith; and demonstrated that his position as a teacher and/or coach does not preclude him or discharge him of his Constitutionally protected First Amendment rights of Free Exercise of Religion and Free Speech Clauses at the “schoolhouse gate” (the school property).

The burden of proof to challenge Kennedy’s sincere Free Exercise of Religion and Free Speech fell on the district – of which the district could not adequately disprove Kennedy’s sincere faith or speech practices.

SCOTUS Justice Neil Gorsuch penned the 6-3 majority opinion: “The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike.”

“The Free Exercise Clause provides that “Congress shall make no law . . . prohibiting the free exercise” of religion,” Gorsuch wrote.

“When it comes to Mr. Kennedy’s free speech claim, our precedents remind us that the First Amendment’s protections extend to “teachers and students,” neither of whom “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” Gorsuch explained.

Likewise, SCOTUS Justice Samuel Alito called the district’s actions a retaliation to Kenney’s sincere outward act of his private faith.

SCOTUS Justice Clarence Thomas wrote, in his concurring opinion, the U.S. must “(strike) the appropriate balance” for public employees relevant to Constitutionally protected rights – such as the sincere expression of religion and free speech.

It doesn’t matter what religious background you come from – because we all, at some point during the year and our faith walks, have outwardly and inwardly expressions of faith – all the time. You can bet on me having a (small) Menorah on my desk during Hanukkah.

Where is the uproar over Catholics who come to school with their ash crosses on their foreheads during Pentecost/Passover events? That’s both a form of worship and prayer – a sincere practice of faith. Lent, again, which carries over into schools by both students and faculty – is a sincere practice of faith. Head coverings, scarves, wigs (for us married Jews who are more orthodox), shawls, prayer scarves, hijabs – all outwardly and inwardly signs of sincere practices of worship and faith.

I witnessed the 1999 Columbine High School shooting tragedy at the tail end of my K-12 education – I watched my teachers stop everything they were doing, and prayed to themselves – and yeah, many of us joined: Jewish, Mormons, Christians, Catholics, Hindus, Muslim, Buddhist, Atheist, Agnostic and a Wiccan. For the first time ever – we coexisted peacefully; we prayed to our God/gods together. My friends and teachers’ expressions of sincere faith that day made little to no difference to me, nor did it so radically offend me that I sought to have them fired. Our Constitutional Free Expression of Religion states we have an unalienable right in Freedom OF religion, not freedom from religion.

Are we going to fire each and every teacher who has done that during a tragic moment in history? I was in college working at my first newspaper as an intern when 9/11 struck – I was tasked with picking up my younger brother from high school – teachers, students, lunch ladies, school administrators – engaged in a mixture of sobs and prayer. Are we going to find those individuals and sanction them because of their sincere practices of faith in those moments – should we also question everyone’s sincere faith in these times?

Are we going to bar Jewish teachers and students form public schools if we are following Kosher diets? The Jewish community and faith isn’t the only group that follows dietary restrictions – these are outwardly, inwardly sincere practices of worship and faith.

Will you yank my Star of David off us Jewish individuals because it demonstrates our sincere outward, inward act of worship and faith? Or a Christians cross? Will you burn my Torah in my backpack because I did Mitzvot (daily devotional for the English transliteration) on my walk to school? Or a Christian’s Bible in their backpack or briefcase? Or the Quran? Are you going to tell Buddhists to disrobe? Or a Muslim he or she cannot wear a hijab or engage in their strict Salah (mandated, timely, directionally prayer)?

Are we going to send out the U.S. version of the Gestapo to hunt down any teachers, coaches or school administrators who might be praying to make it through the day safely in silence? Let’s be real – how many of us who are faith-based individuals stopped what we were doing to randomly pray – in silence? When did that become so offensive that it’s a fireable offense? I’ve done it at stop lights, in the grocery store line, in my children’s school pick-up line, at work, in the bathroom, on a walk to get something to eat, doing house chores, going to my children’s sporting events – basically anywhere and everywhere.

My point? The assumption the district made was – because they did not see Kennedy’s sincere practice of faith prior to then – his sincerity was questioned and posed a “risk” to the district.

If another individuals’ or group of individuals expression of faith is so offensive to you – that is your own heart issue – because at the end of the day, it’s still and always will be a Constitutionally protected right. The ruling of SCOTUS is such that, like Roe v. Wade, it gives that power to restrict and/or better protect this right to the states, strengthening state sovereignty.

Yes, absolutely, separation of Church and State stipulates that no one religion will be made the official and dominant religion in the U.S. – but at no point does it prohibit an individual from exercising their right to inwardly or outwardly express their sincere Expression of Free Religion. It also does not bar students, or other faith believers from joining school administrators in prayer due to their own compulsion – that’s not indoctrination, that’s good parenting. As faith believers – the Torah, Christian Bible and Muslim Quran directs believers to “pray without ceasing.” The Constitution’s First Amendment under the Free Expression of Religion and Free Speech clauses, gives us that right to do so as we see fit – when we see fit – how we see fit – where we see fit – and why we see fit to do so. There is no stipulation that others cannot join of their own free will. 

My children and I, as Messianic Jews, have indeed stopped to pray with our Christian, Mormon, Catholic, Baptist, Hindu, Muslim and Jewish teachers and administrators. They’ve had teachers encourage them to pray when things were tough; of which I am well aware of and have asked teachers/principals to do so if they are comfortable in doing so – because my children understand that prayer is a mighty mountain mover – it’s powerful. Keep in mind – the students in question at the center of this case – asked to join their coach, at no point did the coach request anyone to join him.

At no point do you have the right to tell others how they should express their sincere faith – our Constitutional rights don’t end at your feelings, nor extend past your rights. But you do have the option to look away or walk away when we express our sincere acts of faith if it’s so bothersome.

I pray for you – and you pray for me – does it matter whose version of God we are praying to when we pray together? I think not – because He knows us by name and every hair on our body and because we have that Constitutional protection, the unalienable right.