Two weeks ago on Friday night, after an eight-year absence, coach Joe Kennedy once again knelt in silent prayer at the 50-yard line after the Bremerton (Washington) High School football game.
His return to the field should have been the celebrated conclusion of a long battle that culminated at the U.S. Supreme Court. But despite a historic Supreme Court decision in the coach’s favor and a court order stating that “Bremerton School District cannot retaliate against or take any future adverse employment action against Kennedy,” it appears that school district officials did just that.
Instead of graciously accepting defeat and welcoming Mr. Kennedy back with some modicum of grace, Bremerton officials made his return miserable, and may have once again acted illegally in doing so.The problems began in the days and weeks following the Supreme Court’s ruling in favor of Mr. Kennedy, when the Bremerton School District haggled over the details of the coach’s return, delayed providing paperwork during his reapplication process, and made misleading claims to the public. The punitive actions didn’t stop with the onboarding process. Once Mr. Kennedy had been reinstated, the treatment got worse. Mr. Kennedy was ostracized and treated like a pariah. Unlike the other coaches in the football program, he was never issued by the school district a coach’s locker or official apparel. He was never listed by the school district on the athletic department’s website. Before Friday’s first game of the season, he was not provided a roster for the first game, a “play card,” or an assignment for the game. To further isolate Mr. Kennedy from the team, he was not invited to the traditional coach’s pregame meal with the opposing team, nor was he invited to the Bremerton Knights’ coaches and players meal on Saturday. When he alerted the head coach that his key fob for the school didn’t work properly, causing him to miss a mandatory Monday coaches meeting, the head coach belittled him for it.In days leading up to the game, he was instructed not to talk to the team about what would happen Friday night. The head football coach told Mr. Kennedy that he would talk to the team, but that Mr. Kennedy was not allowed to be present. From the start, it was clear that the Bremerton School District would do everything it could to make Mr. Kennedy’s return to the field as miserable and short-lived as possible. What many do not know is that Mr. Kennedy not only overcame an eight-year court battle and the school district’s stiff opposition to get back on the field, but for the past two years, he and his wife have been taking care of her father, who has been suffering from worsening health. That is, in fact, why the coach and his wife moved to Florida during his long court fight. Despite the Bremerton School District and its attorneys’ spurious claims, Mr. Kennedy’s heart was always in Bremerton, and his desire to return was great. As he said after resigning, “Bremerton will always be home.” But as always, Mr. Kennedy put others ahead of himself, especially his family. Despite the adversity caused by the Bremerton School District’s despicable actions, Mr. Kennedy once again exhibited extraordinary grace after Friday’s game, celebrating the team’s victory and thanking fans for supporting the team. Though he had the opportunity to do so, he chose not to complain about the petty and vindictive actions taken against him.He chose to resign. In his words, “I feel it is in everyone’s best interest I step back from coaching.” But the battle may not be over. The First Liberty Institute is investigating Bremerton School District’s actions to determine whether further legal action is necessary.“Respect for religious expressions is indispensable to life in a free and diverse Republic. Here, a government entity sought to punish an individual for engaging in a personal religious observance, based on a mistaken view that it has a duty to suppress religious observances even as it allows comparable secular speech. The Constitution neither mandates nor tolerates that kind of discrimination.”• Hiram Sasser is executive general counsel for the First Liberty Institute, a nonprofit law firm dedicated to defending religious freedom for all. First Liberty represented Joe Kennedy in his Supreme Court case. Read more at FirstLiberty.org.
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