From my perspective as a specialist in education law, the case is noteworthy because the court has now decided that public school employees can pray when supervising students.
and more concerned with his rights to religious freedom than the board’s concern about violating the establishment clause., Justice Neil Gorsuch noted that “a proper understanding of the Amendment’s Establishment Clause [does not] require the government to single out private religious speech for special disfavor. The Constitution and the best of our traditions counsel mutual respect and tolerance, not censorship and suppression, for religious and nonreligious views alike.
One aspect of Kennedy with potentially far-reaching consequences is that it largely repudiates the three major tests the court has long applied in cases involving religion., was a 1971 dispute about aid to faith-based schools in Pennsylvania. The Supreme Court’s decision required that interactions between the government and religion must pass a three-pronged test in order to avoid violating the establishment clause. First, an action must have a secular legislative purpose.
Kennedy v. Bremerton is unlikely to end disagreements over public employees’ prayer as free speech, or the tension between the free exercise and establishment clauses. In fact, the case brings to mind the saying to be careful what one wishes for, because one’s wishes may be granted. By leaving the door open to more individual prayer in schools, the court may also open a proverbial can of worms.
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