PHOENIX – Arizona Attorney General Mark Brnovich is leading a coalition of 27 states urging the Supreme Court of the United States (SCOTUS) to reverse a Ninth Circuit Court of Appeals ruling that failed to uphold the constitutional rights of a high school coach who was punished for praying alone on a football field in view of students. The case is Joseph A. Kennedy v. Bremerton School District.
“Americans do not abandon their religious liberties at the door of their workplace,” said Arizona Attorney General Mark Brnovich. “Especially at this moment in our country, heavy-handed government must be restrained from trampling the right to personal expression as recognized and protected by the First Amendment.”
The amicus brief argues that:
- Contrary to the Ninth Circuit’s opinion, Supreme Court precedents do not hold that a public employee’s private speech (like Coach Kennedy’s private prayer) is exempt from First Amendment protection.
- Allowing the School District to justify its discriminatory actions under the Establishment Clause not only conflicts with settled constitutional principles but also creates problems for both public employers and public employees.
- The Ninth Circuit’s curtailment of First Amendment liberties is detrimental to public service. Private religious expression and public service can and must coexist.
This amicus brief was led by Arizona, Alaska, Florida, and Texas and was joined by attorneys general from 23 additional states.
Copy of Amicus – Kennedy v. Bremerton School District here.
General Brnovich previously co-led a 24-state amicus brief urging SCOTUS to accept this case.