3rd Circuit: Faculty participation in student-initiated prayer violates Establishment Clause
The Third Circuit panel’s 70 page ruling is here: Borden
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 Brunswickschool 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 theDistrict 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 theDistrict Court’s order.
Americans United for Separation of Church and State has issued this press release praising the ruling.
7 Comments
The justice department is just starting to tie us all up in knots.
When are we ever going to find a Christian leader who will represent us? why is it that our faith can be trashed and spat on yet muslims and atheists are revered without question? We can’t use the word n***** for fear of being possibly arrested yet these creatures can pee on Christ and get away with it in the name of free speech? We need a movement that will boucot movie stars and comedians who spit on us. Be sure of this, there will come a day that the bible will be banned in this country and our laws will allow it to happen. Why are you not condemming Bill Moyer for comparing the pope to that cult leader who marrys 14 yr old girls to 50 yr old men?
Judge McKee’s concurring opinion adds insult to serious injury:
“I do not join my colleagues’ suggestion that we might reach a different result here absent Borden’s 23-year history of promoting team prayer. . . I believe that Borden’s ‘respectful display’ might well violate the Establishment Clause even absent his 23-year history.”
Are. You. Kidding me?! Yikes.
My comment once again has been refused posting although pertinent to these issues. Possibly I should limit my remarks to one-liners.
Mr. Crutcher:
To my knowledge, no comment has been refused by you in connection with this post. You have made a similar assertion on other occasions in situations where we have not refused to post your comment.
Is it possible that you might be encountering some kind of technical difficulty that is preventing submission of the post?
ADF Alliance Alert Admin
To ADF All. Alert: Thanks for this advice.Most of my offerings have been declined and may not have been received. I am puzzled that , while the offered postings were not received, yet my subsequent comments were received, as evidenced by your responses to same, I have been careful to keep my offerings within the limits of this blue-lined rectangle. I have had no problem of non-receipt with transmissions to others. Bob Crutcher
Mr. Crutcher – please keep a copy of your posts. If one does not appear within 24 hours of being posted, please email the text to us – info@alliancealert.org. Thank you.