The Third Circuit panel’s 70 page ruling is here: Borden v. School District of the Township of East Brunswick, No. 06-3890 (3rd Cir. April 15, 2008). It begins:
Marcus Borden, the head football coach at East Brunswick High School, would like to engage in the silent acts of bowing his head during his team’s pre-meal grace and taking knee with his team during a locker-room prayer. He brought suit seeking a declaratory judgment that the East Brunswick school District’s policy prohibiting faculty participation in student-initiated prayer was unconstitutionally overbroad and vague, and violated his federal and state constitutional rights to freedom of speech, academic freedom, freedom of association, and due process.
On cross-motions for summary judgment, the District Court for the District of New Jersey declared the policy unconstitutional on all grounds, and it additionally held that Borden’s silent acts would not violate the Establishment Clause of the First Amendment. However, we hold that the policy is not unconstitutional on its face or as applied to Borden.
Additionally, we hold that Borden’s silent acts violate the Establishment Clause because, when viewing the acts in light of Borden’s twenty-three years of prior prayer activities with the East Brunswick High School football team during which he organized, participated in, and even led prayer activities with his Team, a reasonable observer would conclude that Borden was Endorsing religion when he engaged in these acts. Therefore, and for the reasons set forth in further detail below, we will reverse the District Court’s order.
Americans United for Separation of Church and State has issued this press release praising the ruling.
