By Jim Brown
July 27, 2006
(AgapePress) - A federal judge has sided with a Christian high school football coach in New Jersey who was barred from taking part in his team's pre-game prayers. The school had prohibited Coach Marcus Borden from bowing his head and "taking a knee" with his players while they engaged in student-initiated, student-led prayers before facing their opponents on the field.
U.S. District Judge Dennis Cavanaugh upheld the entire complaint filed by Borden against East Brunswick High School, declaring the school district violated the coach's constitutional rights to free speech, academic freedom, and freedom of association. The judge also found that "taking a knee" is not the same as praying.
Associated Press notes that Cavanaugh, in delivering his ruling, observed that the coach of a football team is the one the players look to and expect "to hold all of this together and foster team spirit." Pointing out that the team has had pre-game prayers for decades, the judge said for the coach "to not be allowed to participate in these traditions" even passively, just "doesn't seem right."
Doug McKusick, a staff attorney with The Rutherford Institute, which filed an amicus brief on Borden's behalf, says what East Brunswick High School did is indicative of a national trend among public schools where some officials are apparently unaware of what the Constitution actually says with regard to individual religious expressions.
Many administrators "tend to try to eliminate anything that has any religious overtones from the schools," McKusick explains; however, he insists, "the Establishment Clause doesn't require that. All it requires is that schools and governmental agencies remain neutral with respect to religion, not show a hostility to religion."
The school clearly overreacted, the attorney contends. He says the East Brunswick High officials erroneously concluded that Borden's actions violated the so-called "separation of church and state," and when they made that assertion in court, the Rutherford Institute counsels had to try to make the judge understand that the coach's actions were in no way unconstitutional.
"We were trying to point out to the court that the school's attempt to stop the coach from doing anything that was at all related to religious activity was improper," McKusick explains. He says they argued "that just because the coach was present and showed his respect for student-led prayer doesn't mean that the Establishment Clause was violated."
Judge Cavanaugh agreed and ruled in favor of Borden, saying he is henceforth free to take a knee along with players when they kneel to pray. However, the school board has emphasized that the judge's ruling allows the coach to show respect but not to pray with his team.
Borden was named USA Weekend Magazine's 2003 "National Caring Coach of the Year." He was also the recipient of the American Football Coaches Association's 2004 "National Power of Influence Award."
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